MovingPros Terms of Use

The terms and conditions outlined below(“Terms of Use”) make up a legally-binding agreement between Emagic Ltd (“MovingPros”, ”We”, “Us”) and you(“Registered User”, ”User”).

These Terms of Use cover your legal rights, obligations and define your limits while you actively use and interact with the MovingPros Website accessible via www.movingpros.co.nz and while you enter into online agreements with users of the Website who are offering services (a “Business Service Provider”, “Providers”) and users of the Website who are seeking services (a “Service Customer”, “Customer”) where “Services” constitutes to any type of work needed to complete a Job requested by the Service Customer typically but not limited to Logistics.

MovingPros acts as an online hub to connect Service Customers to the Service Providers by facilitating the distribution and publication of user submitted information.

Your access to or use of the Services in this Website verifies that you have the authority to enter into these terms of use and that you have read and agreed to the terms of use regardless whether you have clicked on “I have read and agreed to the terms of use.” If you do not agree to be bound by these terms of use, you must stop using this website and the services immediately.

We may review and update this agreement from time to time to adhere to our common practices, procedures and obligations. This may occur at any time without any notice. Any amendments to the terms of use will be effective immediately.

How MovingPros Works

MovingPros acts only as an online hub to connect prospective Service Customers needs to the services of the Business Service Providers by facilitating information between the two parties. Customers will receive quotes from Providers regarding their job and enter into transaction agreements with Providers of choice to engage in Logistic Services.  Further, these agreements will be subject to the Provider’s own Terms and Conditions.

Such transaction agreements are bound only between the Customer and the Provider and both parties acknowledge that MovingPros acts only as a neutral facilitator and has no direct participation in these agreements.

Registration

By registering for an account on the Website you certify that you are over the age of 18 and have the authority to enter into the Terms of Use and either a User seeking the services of a Business Service Provider or a business User offering services to a prospective Service Customer. You may not have more than one active personal account and you are prohibited to sell or transfer your MovingPros account to another party without written consent from us.

You acknowledge and agree that you will NOT use the Website for purposes other than its intended use including the attempt to copy, reverse engineer or reconstruct any part of or other versions of the Website in any type platform for self gain unless you have written consent from MovingPros.

You accept to be bound by the conditions set forth in the Terms of Use and conform to the use of the Website and Services that do not violate local laws.

To access certain customer support features you are required to submit personal identifiable information about yourself and agree to any information you provide to MovingPros will always be correct, accurate and kept up to date.  

You agree to taking personal accountability and responsibility for maintaining the confidentiality of any username, passwords and personal identifiable information you may need to access the Website or retrieve such information and therefore agree to notify MovingPros immediately of any unauthorised use of your account and any other breach of security.

As the user of the account you will be responsible for all activities that take place under your account with or without your knowledge and whether or not you have notified MovingPros of any unauthorised use.

MovingPros reserves the right to terminate your account and future use of the Website should you violate any of the conditions set forth in the Terms of Use.

Code of Conduct

By interacting and participating in the Services of MovingPros you agree to:

General

Not use the MovingPros Website to:

1. Conduct, promote or provide information about illegal activities;
2. Mislead, abuse, harass, threaten, defame or otherwise offend others;
3. Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
4. Impersonate or create a profile for someone else or entity other than who you represent;
5. Solicit passwords or personal information for malicious intent.

Not to engage in the following prohibited activities such as:

1. Copy or Mirror any part of the MovingPros Website without prior written consent to do so;
2. Using robots, spiders, other devices or processes to trawl the Website to collect information in any way;
3. Modify, translate, sell, disassemble or reverse engineer and part of the MovingPros Website and its Services with exception only permitted by law.
4. Using references to MovingPros to direct other people to any other website unless you have written authorization to do so.

For Service Customers

You agree to:

1. Only post honest and fair comments and reviews in your feedback relevant towards the Service and Customer Service you experienced from Business Service Providers.
2. Only list legitimate jobs to be quoted for in the MovingPros Website and prohibited from listing any jobs that are fictitious, phony or bogus.
3. and acknowledge that Business Service Providers represent themselves as an entity and have their own terms and conditions should you choose to engage in any business dealings with them, they do not hold or represent Emagic Ltd in any way.

For Business Service Providers

You agree to:

1. Only list accurate information in relation to your entity and the services you provide.
2. Only post honest and fair comments in response to the feedback from Service Customers.
3. Treat any personal information relayed onto you from MovingPros on behalf of Service Customers regarding a potential job as private and confidential.
4. You a solely responsible should you choose to go into a transactional agreement with a Service Customer and any work to complete under that agreement.
5. Represent yourself as an entity and in no way do you represent MovingPros when you contact a potential Service Customer.

MovingPros has no obligation to monitor any member’s use of the Website. However we reserve the right to audit, monitor, retain and disclose any information necessary at times to satisfy any local Law.

Three Strike Policy

In the event where multiple Service Customers file a complaint towards a Business Service Provider in regards to not following through with the transactional agreement, rude, offensive behaviour, vulgar or profane language, a Strike will be marked against the Business Service Providers account. If a Business Service Provider re-offends three times, MovingPros reserves the right to restrict access to or terminate the account of the particular user. Re-instating any accounts will be entirely at the sole discretion of MovingPros.

Service Fees

Fees for Business Service Providers

It is free to join MovingPros and create a business profile, list services to be offered and browse prospective jobs leads from Service Customers. However, MovingPros charges fees in exchange for Service Customer contact details on prospective job leads, so that you can directly contact and enter into transaction agreements with Service Customers. Fees are subject to change at any time. MovingPros may in the future offer additional services of benefit to Business Service Providers and reserve the right to charge fees for such Services.

You agree to pay all fees incurred to your account based on MovingPros fees structure and billing terms. For any reason, if MovingPros cannot charge your credit card or secure payment through other payment methods successfully, MovingPros reserves the right to enter your account into a grace period at which access to your account and Services will be limited or terminated.

Fees for Service Customers

It is free to list prospective jobs to be quoted on by Business Service Providers, obtain and request quotes and browse the list of Business Service Providers.

Cancellation

You may at anytime cancel your registration or subscription to any of MovingPros’s Services or renewal period by submitting a cancellation request no less than 3 days prior to your auto renewal billing date.  You can submit a cancellation request in writing to MovingPros’s contact details.

Refund Policy

Refunds will not be provided for genuine leads. Refunds for fake leads can be requested by contacting support@movingpros.co.nz. All refunds are at the sole discretion of MovingPros.

Breaching Terms of Use and Termination of Account

At anytime should you be found to be in breach of or violate the Terms of Use, MovingPros reserves the right for any reason or no reason at all and without explanation to immediately enter your account into a grace period of 15 days whereby your privileges to access the Services will be suspended or you account immediately terminated without notice. In the event of your account entering into a grace period or being terminated, you agree that all fees paid to MovingPros are deemed non-refundable.

Feedback and Review Feature

MovingPros adopts a user feedback system to provide an overall performance and satisfaction rating of individual Business Service Providers from Service Customers. Whereby Service Customers may voluntarily post comments, compliments, reviews and other opinions regarding the serviceability of the Business Service Providers listed on the Website and where Business Service Providers can respond.

As a Business Service provider you agree that Service Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability while conducting your business. All user submitted information for feedback purposes is considered to be non-proprietary and such information is accessible publically on the Website and MovingPros has the right to use such information without any limitation.

It is expected that users only post comments and reviews that are deemed acceptable, fair, honest and justifiable. MovingPros does not guarantee that all comments and reviews posted will adhere to this obligation. MovingPros reserves the right to audit, hide and withdraw any comments deemed offensive, unlawful, harmful, profane, defamatory, malicious or equally comparable to protect it’s users.

If any users are found to continually post any of the outlined above unjustifiable negative feedback MovingPros can at any time and without prior notice terminate the account of the user and deny access to its Services and Website.

Review Guidelines

MovingPros merely provides a platform for Customers to compare, rate and review Business Service Providers.

MovingPros takes its position as New Zealand's leading moving comparison site very seriously. For that reason, we cannot simply remove Customer reviews that Business Service Providers may think are unfair or unwarranted.

MovingPros does not get involved in resolving disputes or take sides. We also do not actively edit, delete or censor reviews. We do however at times edit or delete reviews where we believe our guidelines have been violated.  

Customers

• It's the Customer's responsibility to ensure they provide honest information in their reviews. Reviews should not reveal personal information about a person that does not relate to the review.
• You are not to submit false reviews under any circumstance. MovingPros is about sharing genuine honest reviews. It's not an outlet for personal vendettas or competitor bashing. Those caught submitting unscrupulous reviews or feedback will have their account permanently deleted and IP address banned from accessing this site. 
• Reviews of your own business or employer are not acceptable.
• You must have been a Customer of the Business Service Provider you are reviewing.
• You should submit only one review per move/transportation per Business Service Provider
• You, as the poster of the review, are responsible for the review content. False info may result in review filtration.
• You agree to completely indemnify MovingPros, its directors and employees against any losses or costs which may arise from your review. You also understand that MovingPros cannot be held responsible for any actions taken against you due to the contents of your review or comment.

Business Service Providers

• Whether a registered member or not, Business Service Providers can address issues directly by posting a public review response which is encouraged. If you are not a registered member, you can join for free and manage your listing directly. Don't use public comments to launch personal attacks, advertise, or offer an incentive to change a review.
• If a Business Service Provider finds a review that appears to be not genuine, we will send an email to the reviewer requesting evidence they were a Customer of the Business Service Provider in question, such as a copy of the quote, invoice or receipt. If this cannot be produced, the review will be removed. If it is produced, the review will remain on the basis that legitimate Customers are entitled to express their opinion even though the Business Service Provider may not agree with it. 
• Business Service Providers need to understand that MovingPros is a means for Customers to compare and review them. If a Business Service Provider tends to get a lot of negative reviews then they need to seriously look at how well they are meeting Customer expectations. The MovingPros website is not the cause of their problem. They are.
• The more reviews left for Business Service Providers on the site, the less the likelihood of one or more individuals skewing the feedback system. We encourage everyone visiting the site to review any Business Service Provider they have used. Every review posted improves the usefulness of MovingPros to all users. We also encourage all Business Service Providers to ask their satisfied Customers to review them on MovingPros. 
• If the review is defamatory, completely irrelevant to the service provided or does not reflect the terms of a judgment or arbitral decision obtained by the parties, we are likely to exercise our editorial discretion to remove it. If the review you are concerned about falls into this category, let us know.
• Crowd out any negative reviews with more positive ones. MovingPros always displays ratings in order of date with the most recent at the top. Visitors to the site pay most attention to recent reviews and your overall star rating when making their hiring decision. The more positive ratings you have, the better your overall rating and the less relevant the odd poor review becomes. We encourage all registered Business Service Providers to use the Request Reviews function from their account to quickly and easily invite Customers to review them.
• MovingPros simply ignores all threats of defamation lawsuits lodged against it. We cannot be held responsible for what Customers state in their reviews. We will however under court's instruction remove reviews or comments and also supply any other details required.

Proprietary Rights

MovingPros owns all intellectual and other proprietary rights associated in the Website and Services including but not limited to the software, profile questionnaires, graphics, photos, videos, sound, any trademarks, copyrighted information and logos (for the most part known as ‘Proprietary Information’). By using the Website you acknowledge that you are prohibited from posting, copying, modifying, forwarding, reproducing, displaying in public and making commercial use of any other derivative works of the Proprietary Information unless you have prior written consent from MovingPros.

Registered users of MovingPros may submit information when using the Website. Such information is the sole responsibility of the particular person or entity that submitted the information and the consequences of posting it. All submitted information is identified as copyright protected whether it has copyright protection or not with the exception of User submitted Feedback and Reviews. Where copyright ownership belongs to a Third Party, you are obligated to attain the necessary rights before using such information.

You acknowledge by voluntarily submitting information or content to the profile pages or common areas of the Website you certify you have the right to grant and therefore expressly grant MovingPros with an irrevocable, perpetual, royalty free license to use, communicate, reproduce and publicly display for commercial purposes and any other purposes all the information you have submitted.

Communication

MovingPros may from time to time use your email address to send you messages notifying you of any important changes to our Services or special offers and promotions. If you have voluntarily provided us with your telephone number, we may use this as an alternate source of contacting you regarding our Services. If you do not want to receive such email messages or telephone calls you can notify us with our contact information at the end of this agreement.

Third Party Websites / Advertising

The Website introduces links to websites of third-parties businesses, including without limitation advertisers. MovingPros has no control over these websites and is therefore not responsible for the content including pictures, videos, text, and links of the linked business or advertiser.

These links are provided to you for convenience and by introducing these links it does not imply that MovingPros endorses or accepts any responsibility for the services provided by these businesses and advertisers.Your business dealings with these businesses or participation in the promotions or offers from advertisers are solely between you and the Third Party and MovingPros has no direct or indirect involvement with such dealings. You agree that MovingPros accepts no responsibility for any loss or damages incurred as a result of such dealings.

Disclaimer of Warranties

You understand and acknowledge that the Services is provided on an “as is” and “as available” basis and MovingPros does not accept any responsibility for the prompt or delayed delivery, accuracy or existence of information between users.

MovingPros does not warrant that the Services will be secure, uninterrupted, defect-free or will meet your requirements. Furthermore will not warrant any information or content obtained from the use of the Website including the facilitation of user submitted information will be correct, accurate or reliable.

In using the Services, you may agree engage in the Services provided by another entity, your choice to involve yourself in these Services will be subject to separate terms between you and the entity involved. You agree that MovingPros has no selection over which entity you choose to involve and you use these Services at your sole discretion and risk.

Limitation of Liability

You acknowledge and agree that you use MovingPros Services at your own risk and MovingPros will not be responsible for or accept any liability in relation to any direct or indirect damages including but not limited, to loss of profits, loss of data, service interruptions, even if MovingPros knows of or has been advised of the possibility of such damages. While MovingPros undertakes initial limited screening of businesses registering for the Services, MovingPros accepts no responsibility in relation to the conduct of these businesses towards future users of the Website and Services. Under no event will MovingPros be liable for any damages whether directly or indirectly relating to the conduct of you or anyone else in connection with the use of the Website or Services including but not limited to financial loss, emotional distress, breakage of personal items or other damages resulting from business dealings with other Service Customers or Business Service Providers including Advertisers linked on our Website.You acknowledge and agree that MovingPros makes no representations towards the accuracy of information provided by users of the Website and have no liability to you resulting from incorrect information.

Indemnification

By accepting this Terms of Use agreement, you agree to indemnify Emagic Ltd including its directors, employees, contractors, officers, agents and other partners from any liability, loss, damage, cost and expenses (including reasonable legal expenses) resulting from your use of the Services or any unauthorised use of your account resulting in alteration of your communications with other users through the Services, the use of information submitted by you and any breach to the Terms of Use by you. Any business agreements or transactions, which may arise between users through the use of MovingPros and its Services are the sole responsibility of the parties involved.

Complaints and Disputes

If you have an issue or complaint regarding the Website or Service, please consult the Frequently Asked Questions page(FAQ). Following this, if your issue or complaint has not been resolved you could contact us by email at: support@movingpros.co.nz

MovingPros has no direct or indirect involvement with transactional agreements between Service Customers and Business Service Providers and we only act as a neutral facilitator of information between both parties. Both parties will be jointly responsible to resolve any issues or disputes that may arise as a result from entering into a transactional agreement.

MovingPros treats Complaints with the utmost seriousness and operates a Three Strike Policy in order to only list quality Business Service Providers. In the event that multiple complaints have been marked against a Service Providers account, MovingPros reserves the right to terminate the account of the service provider to supply its users with only Quality Service Providers.