MovingPros Terms of Use


MovingPros is a moving company comparison site which acts as an online platform to connect customers who are seeking moving services with moving companies who provide such services.    

1. Definitions


1.1. The following words and phrases have specific meanings wherever you see them used in these Terms.    

Content: means computer code, text, graphics, images, music, software, audio, video, information or other digital materials.
Customer: means the person who posts a Moving Job on the Website.
HDCA: means the Harmful Digital Communications Act 2015.
Listing: means the listing of a Moving Company’s moving services on the Website.
Moving Company: means a business who offers moving services on the Website.
Moving Contract: means an agreement for moving services between a Customer and Moving Company.
Moving Job: means a request for moving services posted on the Website by a Customer.
MovingPros: means Emagic Ltd and our, us and we used in these Terms refer to MovingPros.
MovingPros Account: means your account and profile information on the Website.
Referral Fee: means the fees charged to a Moving Company in exchange for Customer contact information and any other fees charged at any time.
Review: means the review provided by a Customer in respect of their experience with a Moving Company.
Services: means the provision of the Website to Moving Companies, Customers and others to facilitate Listings, Moving Jobs, Reviews and other associated services from time to in accordance with these Terms.
Website: means the MovingPros website at www.MovingPros.co.nz
Terms of Use: means these terms of use.
You: means the person who accepts these Terms in accordance with clause 2 below.   

2. Contract


2.1. By using the Website you confirm that you accept and agree to comply with these Terms whether or not you become a registered user of the Services.    

2.2. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms. In such case, where appropriate, “you”, “your” as applicable, will refer to that entity.    

2.3. Please also read our Privacy Policy, because it will apply to all the information you provide to MovingPros and forms part of these Terms. By accepting these Terms, you also accept our Privacy Policy.    

2.4. If you do not agree to be bound by these Terms including our Privacy Policy, you must not use our Website.    

2.5. We may review and update these Terms from time to time by providing you at least 30 days’ notice of the change, whether via the Website or by sending you an email. Your continued use after that notice means that you agree to the changed Terms.

3. How MovingPros Works


3.1. MovingPros acts as an online hub to connect Customers with Moving Companies by facilitating information between the two parties.    

3.2. Customers may receive quotes from Moving Companies for Moving Jobs and may enter into Moving Contracts. Moving Contracts are between the Customer and the Moving Company and will be subject to the Moving Company’s own terms and conditions.    

3.3. MovingPros is not a party to the Moving Contract itself or any other any agreement between a Customer and Moving Company. MovingPros has no control over the conduct of Customers, Moving Companies or other users of the Site. MovingPros cannot and does not control the content of any Listings or Reviews. MovingPros is not a provider of moving services.
  

4. Creating a MovingPros Account


4.1. To create a Listing, you must first create a MovingPros Account.    

4.2. To create a MovingPros Account you must be over the age of 18 and must not have an existing MovingPros Account.    

4.3. You may not sell or transfer your MovingPros account to another party without our written consent.    

4.4. You agree to provide accurate, current and complete information during the MovingPros Account registration process and to update such information to keep it accurate, current and complete at all times. If you provide any false or misleading information, we may terminate your MovingPros Account in accordance with clause 11.    

4.5. MovingPros may, but is not obliged to, require you to provide reasonable evidence to verify the information you supply to MovingPros when creating a MovingPros Account, Moving Job or Listing.    

4.6. You agree not to 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.    

4.7. You must notify us immediately if you suspect the unauthorised use of your MovingPros Account or any other breach of security.   

5. Creating a Listing


5.1. If you are a Moving Company and wish to apply to create a Listing, you must respond to the mandatory questions required on the Website relating to your business and moving services offered.    

5.2. Listing applications are subject to MovingPros approval.    

5.3. MovingPros reserves the right, at any time and without prior notice, to reject, remove, or temporarily or permanently disable access, to any Listing for any reason or no reason, which need not be disclosed to anyone. This includes, but is not limited to, Listings that MovingPros considers in its sole discretion, to be inappropriate or objectionable, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to MovingPros, the Website or any Customer or third party. MovingPros shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a rejected, removed or disabled Listing application or Listing.    

5.4. MovingPros is not responsible for a Moving Company’s compliance with applicable laws, rules, regulations, or any agreements with or duties to Customers or other third parties.   

6. Creating a Moving Job


6.1. If you as a Customer wish to apply to create a Moving Job, you must respond to the mandatory questions required on the Website.    

6.2. By creating a Moving Job you consent to your contact details, including email, telephone number and pick-up and delivery address, being provided to Moving Companies for the purpose of providing you with a quote for a Moving Job.

7. Code of Conduct

 
7.1. General: By using the Website and maintaining a MovingPros Account you agree:    

7.1.1 Not use the Website to:    

(a) Conduct, promote or provide information about illegal activities;
(b) Mislead, abuse, harass, threaten, defame or otherwise offend others or cause anyone “harm” as that term is defined in the HDCA;
(c) Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
(d) Impersonate or create a profile for someone else or entity other than who you represent;
(e) Solicit passwords or personal information for malicious intent;
(f) Infringe any third party copyright, intellectual property or other rights.    

7.1.2 Not to engage in the following prohibited activities such as:    

(a) Copy or Mirror any part of the Website without prior written consent to do so;
(b) Using robots, spiders, other devices or processes to trawl the Website to collect information in any way;
(c) Modify, translate, sell, disassemble or reverse engineer and part of the Website and the Services with exception only permitted by law.
(d) Using references to MovingPros to direct other people to any other website unless you have written authorisation to do so.

7.2. For Customers: By using the Website and maintaining a MovingPros Account you agree:    

7.2.1 To only post honest and fair comments and reviews in your feedback in respect of your customer service experience with Moving Companies.    

7.2.2 To only list legitimate Moving Jobs.    

7.3. For Moving Companies: By using the Website and maintaining a MovingPros Account you agree:    

7.3.1 To only list accurate information in relation to your business and the moving services you provide.    

7.3.2 To only post honest and fair comments in response to Reviews.    

7.3.3 To treat any personal information relayed onto you from MovingPros on behalf of Customers regarding a Moving Job as private and confidential.    

7.3.4 That you are solely responsible for any Moving Contract you enter into with a Customer.    

7.3.5 That in no way do you represent MovingPros when you contact a Customer.    

7.4. MovingPros has no obligation to monitor any party’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.    

7.5. We may remove, take down or otherwise disable access to any Content or material posted to the Website, whether in a Listing, a Review, a MovingPros Account, a Moving Job or otherwise, either temporarily or permanently, for any reason or no reason. If we do, we shall endeavour to notify you but shall not be obliged to do so. If you have any concerns about Content on the Website under the HDCA or otherwise or wish to issue a counter notice under the HDCA in respect of Content we have removed, please email us with the information required under the HDCA to support@movingpros.co.nz.   

8. Fees


8.1. Fees for Moving Companies    

8.1.1 It is free to join MovingPros and create a Listing and browse Moving Jobs. In consideration for the provision of Contact Details, Moving Pros charges a Referral Fee.    

8.1.2 Referral Fees are subject to change at any time. MovingPros may in the future offer additional services of benefit to Moving Companies and reserves the right to charge fees for such Services.    

8.1.3 You agree to pay all Referral 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.    

8.1.4 Referral Fees exclude GST which the Moving Company must pay in addition on taxable supplies under these Terms.    

8.2. No Fees for Customers    

8.2.1 It is free to list Moving Jobs, obtain and request quotes and browse the list of Moving Companies.   

9. Cancellation


9.1. A Customer may cancel their MovingPros Account at any time.    

9.2. A Moving Company may cancel their MovingPros Account or subscription to any Services by submitting a cancellation request in writing to MovingPros no less than 3 days prior to the auto renewal billing date.   

10. Refund Policy


10.1. Refunds will not be provided for genuine Moving Jobs. Refunds for fake Moving Jobs can be requested by contacting support@movingpros.co.nz.    

10.2. All refunds are at the sole discretion of MovingPros.   

11. Termination


11.1. MovingPros has the right to terminate any MovingPros Account, at any time, for any reason or no reason at all. This includes, but is not limited to, MovingPros Accounts that MovingPros considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, are in violation of these terms, have beached any law in any jurisdiction which may be harmful to MovingPros, the Website or any third party.    

11.2. MovingPros shall not be held liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with the termination of your MovingPros Account.    

11.3. In the event of the termination of your MovingPros Account, you agree that all Referral Fees paid to MovingPros are deemed non-refundable.    

11.4. If your MovingPros Account is terminated, we do not have an obligation to delete or return to you any Content you have posted to the Website.   

12. Feedback and Review Feature


12.1. MovingPros provides a user Review system to provide an overall performance and satisfaction rating of individual Moving Companies from Customers. Customers may voluntarily post comments, compliments, reviews and other opinions regarding the serviceability of the Moving Company listed on the Website and the Moving Company can respond.    

12.2. As a Service Provider you agree that Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability. Reviews are 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.    

12.3. It is expected that Customers only post Reviews that are deemed acceptable, fair, honest and justifiable. MovingPros does not guarantee that all Reviews will adhere to these criteria. MovingPros reserves the right to audit, hide and withdraw any comments deemed offensive, unlawful, harmful, profane, defamatory, malicious or harmful under the HDCA.    

12.4. If a Customer is found to continually post any of the outlined above unjustifiable negative Reviews MovingPros can at any time and without prior notice terminate the Customer’s MovingPros Account deny access to its Services and Website.
  

13. Review Guidelines


13.1. MovingPros takes its position as New Zealand's leading moving comparison site very seriously. For that reason, we cannot simply remove Customer reviews that a Moving Company may think are unfair or unwarranted unless required to do by a court or other authority having competent jurisdiction or we decide to do so in our sole discretion. 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 Review guidelines have been violated.    

13.2. The more Reviews featured on the Website, the less the likelihood of one or more individuals skewing the feedback system. We encourage everyone visiting the site to review any Moving Company they have used. Every Review posted improves the Services. We also encourage all Moving Companies to ask their satisfied Customers to review them on MovingPros.    

13.3. Customers    

13.3.1 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.    

13.3.2 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 MovingPros Account terminated and IP address banned from accessing this Website.    

13.3.3 Reviews of your own business or employer are not acceptable.    

13.3.4 You must have been a Customer of the Moving Company you are reviewing.    

13.3.5 You should submit only one Review per move/transportation per Moving Company.    

13.3.6 You, as the poster of the Review, are responsible for the review content.    

13.3.7 You agree to completely indemnify MovingPros, its directors and employees against any losses or costs which may arise from your Review. You also agree that MovingPros shall not be held responsible for any actions taken against you due to the contents of your Review.    

13.4. Moving Companies    

13.4.1 Whether a registered member or not, Moving Companies can address issues directly by posting a response to a Review, which is encouraged. If you do not hold a MovingPros Account, you can join for free and manage your Listing directly.    

13.4.2 You agree not to use responses to Reviews to launch personal attacks, advertise, or offer an incentive to change a Review.    

13.4.3 If you notify us of a Review that is not genuine we will send an email to the Customer requesting evidence they were a Customer of the Moving Company 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 Customers are entitled to express their opinion even though the Moving Company may not agree with it.    

13.4.4 It is your responsibility to notify us of any Reviews which are defamatory, irrelevant to the service provided or do not reflect the terms of a judgment or arbitral decision obtained by the parties. While MovingPros reserves its discretion to remove a Review, we will comply with the direction of any court.    

13.4.5 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 decision. The more positive ratings you have, the better your overall rating and the less relevant the odd poor review becomes. We encourage Moving Companies to use the “Request Reviews” function from their account to quickly and easily invite Customers to review them.   

14. Intellectual Property Rights


14.1. 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 (“MovingPros’ Intellectual Property”). 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 MovingPros’ Intellectual Property unless you have prior written consent from MovingPros.    

14.2. 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 Customer submitted feedback and reviews. Where copyright ownership belongs to a third party, you are obligated to attain the necessary rights before using such information.    

14.3. You acknowledge by submitting 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.
    

15. Viruses and Malware


15.1. MovingPros does not guarantee that the Website will be secure or free from bugs, viruses or other malware. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website (if applicable). You should use your own virus and malware protection software.    

15.2. MovingPros will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, malware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, or on any website linked to the Website.    

15.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.   

16. Communication


16.1. 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 via our contact details listed on the Website.   

17. Disclaimer of Warranties


17.1. You understand and acknowledge that the Services are 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.    

17.2. 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.    

17.3. In using the Services, you may agree to 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.   

18. Limitation of Liability


18.1. 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.    

18.2. 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.    

18.3. 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 Moving Companies including Advertisers linked on our Website.    

18.4. 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.   

19. Indemnification


19.1. By accepting these Terms, 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 these Terms 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.   

20. Complaints and Disputes


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

20.2. MovingPros has no direct or indirect involvement with Moving Contracts. We act only as a neutral facilitator of information between both parties. The Customer and Moving Company are responsible for resolving any issues or disputes that may arise from a Moving Contract.    

20.3. MovingPros treats complaints with the utmost seriousness and operates a Three Strike Policy in order to only list quality Moving Companies. In the event that multiple complaints have been marked against a Moving Company’s account, MovingPros reserves the right to terminate the account of the service provider to supply its users with only quality Moving Companies.   

21. Variations


21.1. MovingPros shall have the right to make any changes to the Services or to withdraw or suspend any Services or all the Services at any time, for any reason or no reason. Any changes shall take effect 30 days after being notified on the Website but shall not apply to any subscription already in train. The new terms shall apply if such subscription is renewed, from that date.   

22. Miscellaneous


22.1. The failure of either party to enforce its rights under these Terms at any time for any period shall not be construed as a waiver of such rights.    

22.2. If any part, term or provision of these Terms is held to be illegal or unenforceable, neither the validity or enforceability of the remainder of these Terms shall be affected.    

22.3. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MovingPros:    

22.3.1 via email (in each case to the address that you provide) or    

22.3.2 via the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.    

22.4. MovingPros may assign or transfer all or any part of its rights under these Terms, including any contract with a Moving Company, at its sole discretion, without restriction. You may not assign or transfer your rights under any such contract without MovingPros prior written consent, which may be withheld in absolute discretion.    

22.5. These Terms shall be construed, enforced and governed in accordance with the laws of New Zealand, and the parties submit to the exclusive of the New Zealand courts.    

These terms were last updated on 06/07/2017. Previous iterations of these terms are here