Movepro logo
Free trial

Subscription terms

Last updated 7th May, 2025

IMPORTANT: Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations in respect of the Platform.

By clicking 'I accept', you agree to be bound by these Terms and agree to access or otherwise use the Platform in accordance with these Terms.

Movepro Software Pty Ltd ABN 67 684 991 697 incorporated in Australia ( Movepro, we, us, our ) operates and provides the Platform to moving companies to facilitate the management of Bookings.

These Terms set out your rights in relation to use of the Platform.

We may review and update our Terms from time to time without your prior consent.

We will publish any updated Terms on our Website. If you continue to use the Platform after we publish the updated Terms, you agree to be bound by the updated Terms.

You are responsible for checking our Website for updates to these Terms.

Please also see our Privacy Policy available at https://www.movepro.com.au/privacy-policy for information about how Movepro handles and uses personal information.

1. Term

These Terms apply from the Effective Date and continue until terminated in accordance with clause 11.1 or 11.2.

2. Movepro does not provide referral services

You understand and agree that while the Platform assists you with managing your Bookings, Movepro does not provide any services to refer or otherwise market or promote your business.

Movepro does not guarantee that your use of the Platform will secure a minimum number of Bookings or expand your customer base.

3. Access to Platform

3.1 Licence

In consideration of the Fees, Movepro grants you and each User a non-exclusive, non-transferable, non-sublicensable, revocable right to:

  1. access and use the Platform for your business purposes; and
  2. access and download the Documentation to enable you and each User to use the Platform,

subject to and in accordance with these Terms.

Other than as set out in clause 3.1(a) above, no right, title or interest in and to the Platform and Documentation is transferred to you or any User under these Terms.

3.2 Availability

Movepro will use reasonable efforts to:

  1. make the Platform available to you; and
  2. respond to your or User's technical or product support requests or inquiries relating to the Platform.

You must submit requests or inquiries in accordance with the Documentation.

Notwithstanding clause 3.2(a) above, you acknowledge and agree that your access to the Platform may be disrupted at any time, including as a result of a suspension under clause 3.6, malfunction, network outages, errors, updates, maintenance or repair of the Platform, or due to a Force Majeure Event.

3.3 Changes

Movepro may update, upgrade, or otherwise modify any part of the Platform or Documentation without notice or liability to you.

To the extent any such changes materially affect the functionality of the Platform, we will use reasonable endeavours to notify you of the change.

3.4 Accounts and access

Registration. In order to access and use the Platform, you must register an Account and subscribe to the Platform through our Website.

If you create and register an Account, you warrant that:

  1. each User is at least 18 years old or has otherwise reached the age of majority in the jurisdiction in which you are incorporated and who can form legally binding contracts;
  2. you are entitled to provide the Contracted Services to which the Booking relates;
  3. all Company Data is complete and accurate, including the information set out in the Registration; and
  4. you are creating an Account for your benefit and not on behalf of any other person or entity (other than the Users) or for such person's benefit.

3.5 Verification

You consent to Movepro (or any third party authorised by Movepro) without notice, verifying any Company Data and for Movepro to make inquiries and investigations about you, including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document.

Some Account functions or access rights may be limited at Movepro's discretion during any verification or investigation without notice.

Notwithstanding clause 3.4(a) above, you acknowledge and agree that Movepro does not assume any responsibility for the confirmation of any User's identity.

3.6 Account activity

You are responsible for all activity that occurs in and through your Account, including any unauthorised activity.

You acknowledge and agree that you are entirely responsible and liable for maintaining the security and secrecy of your Account including its username and password.

You acknowledge sole responsibility for and assume all risk arising from use of your Account and the Platform.

Unless otherwise permitted by us in writing: (a) your Account must only be used by Users; and (b) you must not allow any unauthorised person to access your Account at any time.

Movepro will never ask you to send your password or other sensitive information via email or enter it into any website other than an official website operated by Movepro.

If you ever suspect that there has been any unauthorised use of your Account or the secrecy of your password has been compromised, you must immediately change your password and contact us.

You acknowledge and agree that Movepro is not responsible for monitoring your or any User's use of the Platform, but that nothing in these Terms limits Movepro's right to do so (at its sole discretion) in order to:

  1. operate, secure and improve the Platform;
  2. ensure User's compliance with these Terms;
  3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or
  4. exercise its rights and perform its obligations under these Terms.

3.7 Suspension

Movepro may, in its sole discretion, for any reason and at any time, suspend, disable, or restrict your access or use of any part of the Platform if:

  1. Movepro determines (acting reasonably) that you or a User has breached these Terms, including a failure to pay the Fees in accordance with these Terms;
  2. required by applicable law; or
  3. a Force Majeure Event occurs.

If your access to the Platform is suspended, disabled or restricted in accordance with this clause 3.6, your use or access will continue to be suspended until Movepro is satisfied (in its absolute discretion) that the circumstances giving rise to the suspension are resolved.

The parties' obligations under these Terms continue in the event your use or access is suspended, except to the extent that those obligations are affected by the suspension.

4. Your obligations

4.1 General

You must:

  1. provide Movepro with any information or documentation we reasonably require to grant you, or manage your, access to the Platform;
  2. comply with all lawful and reasonable directions provided by Movepro in connection with the Platform, including those set out in the Documentation;
  3. hold all permits, registrations, authorisations, qualifications and other relevant requirements to provide the Contracted Services to which the Bookings relate;
  4. comply with any laws or regulations applicable to your collection, use, storage or disclosure of the Customer Data; and
  5. keep confidential your Account credentials.

4.2 Restrictions of use

In using the Platform, you and each User must not (and must not allow, enable or permit any other person to):

  1. breach or circumvent any applicable laws or regulations, agreements with third parties, third party rights, or these Terms;
  2. reproduce, duplicate, rent, copy, sell, trade, resell, distribute or exploit any part of the Platform;
  3. act in any manner that is illegal, that violates another person’s or entity’s rights (including Intellectual Property Rights, confidentiality rights and privacy rights) or that is fraudulent, false, misleading, or deceptive;
  4. cause harm or loss to anyone;
  5. use the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Movepro's endorsement, partnership or otherwise misleads others as to your affiliation with Movepro;
  6. use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
  7. offer to sell any goods or services that you do not yourself own or have authority and permission to make available through the Platform;
  8. impersonate another person, account, or entity, including a representative of Movepro;
  9. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
  10. menace, harass, offend or cause annoyance to any person;
  11. promote or facilitate violence or terrorist activities;
  12. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
  13. distribute computer viruses, worms, Trojan horses or other malicious code;
  14. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Movepro or any of our providers or any other third party to protect the Platform;
  15. attempt to decipher, decompile, disassemble or reverse engineer any of the software or source or object code used to provide the Platform; or
  16. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

4.3 Contracted Services

If you confirm a Booking, you will be deemed to have also agreed to enter into a direct contract with the relevant Customer for the provision of the relevant services upon the terms you have added to your account.

You agree to perform any such contracts to which you are a party in accordance with its terms.

You must not engage with any Customer in any manner as would avoid payment of the Platform Fee.

You must provide the Contracted Services professionally and in accordance with:

  1. all applicable laws; and
  2. specifications and timeframes applicable to the Booking.

You must maintain the following policies of insurance at any times you are providing Contracted Services:

  1. Public Liability;
  2. Goods in Transit;

You must have all licences, permits, registrations, certification and training required to provide the Contracted Services.

You acknowledge and agree that Movepro is not responsible for enforcing the terms of any contract formed between you and a Customer.

5. Fees and payment

5.1 Subscription Fees

You must pay the Subscription Fees in consideration of your use or access of the Platform.

The Subscription Fees must be paid by credit card or direct debit, by providing your credit card or direct debit account details to Movepro through the Platform.

You agree and authorise us to automatically charge the Subscription Fees to the credit card or direct debit account provided at the beginning of each month.

If you dispute the amount of Subscription Fees charged to your credit card or direct debit account, you must notify Movepro within seven days of the relevant charge.

We may increase the Subscription Fees with 30 days' notice, by an amount equivalent to the Consumer Price Index.

Any increase in the Subscription Fees does not take effect until the beginning of the following calendar month or as otherwise set out in the notice provided under this clause 5.1(d).

5.2 Platform Fees

In addition to the Subscription Fees, you must pay Movepro the Platform Fees within 30 days after the end of each calendar year.

Within 30 days of the end of each calendar year, you must provide Movepro a written report which details the Platform Fees payable to Movepro for that year and the respective calculation of those fees.

Subject to any disputes regarding the Platform Fees, you agree and authorise us to charge the Platform Fees to the credit card or direct debit account specified in your Account.

We may, from time to time, conduct an audit on the Company to verify the Platform Fees by providing you at least 14 days' prior written notice.

If we require such audit, you must provide us any assistance we reasonably require to conduct the audit, including (without limitation) by providing us access to any books or records relevant to your payment of the Platform Fees or your premises within normal business hours.

5.3 Late or non-payment

If we are unable to charge your credit card or direct debit account as described in clauses 5.1 and 5.2, we will make all reasonable efforts to notify you of such failure, and may subsequently:

  1. restrict or suspend your access to the Platform in accordance with clause 3.6;
  2. terminate your Account as permitted under these Terms; and/or
  3. additionally charge you interest on the relevant Fees at a monthly rate of 2%.

5.4 No set-off

You acknowledge and agree that the Fees are non-refundable and these Terms do not grant you any right to set-off or withhold the Fees.

5.5 GST

Unless stated otherwise, the Fees are exclusive of applicable GST (having the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

If you are required to pay GST for our supply of the Platform, you will pay to us an additional amount equal to the amount of GST relating to our taxable supply, at the same time you pay the Fees or other consideration for the taxable supply.

6. Intellectual Property Rights

No rights of ownership in the Movepro IP are transferred to you or any User under these Terms.

Without limiting the restrictions at clause 4.2, you and each User must not (and must not allow, enable or permit any other person to):

  1. use, modify, adapt, reproduce, redistribute or copy the Platform or Documentation other than as expressly permitted by Movepro in writing (including as set out under these Terms);
  2. commercialise or otherwise exploit the Movepro IP;
  3. use the Movepro IP in any way that could damage our reputation; or
  4. use or register the words "Movepro", "MovePro", or any other trade mark used by us, as or as part of, any trade mark, company name, business name or domain name.

7. Data provision

7.1 Company Data

No rights of ownership in and to the Company Data are transferred to us under these Terms.

You warrant that Movepro's access, use or storage of the Company Data in accordance with these Terms will not give rise to any Claim or Liability.

You grant Movepro a non-exclusive, irrevocable, royalty-free licence to use the Company Data to:

  1. enable you and the Users to access and use the Platform;
  2. improve the functionality of the Platform; or
  3. comply with any applicable law.

You acknowledge and agree that Movepro is not responsible for creating or maintaining back ups of the Company Data.

7.2 Customer Data

We will process Customer Data in accordance with our privacy policy (which may be updated from time to time).

Notwithstanding clause 7.2(a), Movepro is not responsible for your collection, use, storage, disclosure or handling of the Customer Data.

You must not collect or use any Customer Data in any manner that is inconsistent with:

  1. your privacy policy; or
  2. the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth) (irrespective of whether or not you would otherwise be required to comply with the Australian Privacy Principles).

8. Third Party Content

8.1 Third Party Content

We may use Third Party Content in the provision and maintenance of the Platform.

To the extent that any Third Party Content is comprised in the Platform, you acknowledge and agree that:

  1. Movepro does not make any representations, guarantees or warranties in respect of the Third Party Content, including without limitation any representations, guarantees, or warranties that:
    1. your use of the Third Party Content will not infringe third party Intellectual Property Rights; or
    2. the Third Party Content will operate or function without any errors or interruptions; and
  2. no right, title or interest in and to the Third Party Content (including the Intellectual Property Rights subsisting in such content) is transferred to you under these Terms; and
  3. you are solely responsible for complying with the terms and conditions applicable to your use of the Third Party Content and payment of the associated fees for your use of the Third Party Content, unless we inform you otherwise.

8.2 Links

The Platform may provide links to websites and other online resources operated by third parties.

You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party.

Links to third party websites and resources do not constitute an endorsement by Movepro of the third party's goods or services.

9. Warranties and disclaimers

9.1 Mutual warranty

Each party warrants that it has the full right and authority to accept these Terms and to grant the rights set out in the Terms.

9.2 No warranty by Movepro

In using the Platform, you acknowledge and agree that the Platform is provided "as-is" and unless otherwise set out in these Terms, we disclaim all warranties, guarantees or representations (whether express, implied or statutory) in respect of the Platform, including any warranties of merchantability, fitness for a particular purpose, compatibility, data security, satisfactory quality, accuracy, availability, functionality, title or non-infringement.

You acknowledge and agree that the Platform is a web-based service and that we have no control or responsibility over: (a) the stability of the network or the web browser used by you and each User to access the Platform; or (b) the security of data transmitted over the Internet.

9.3 Statutory warranties

This clause applies to the extent Schedule 2 of the Competition and Consumer Act 2010 (Cth) ( ACL ) applies to our provision of the Platform.

Our goods may come with guarantees that cannot be excluded under the ACL.

You are entitled to:

  1. a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; or
  2. have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

10. Liability

10.1 Limitations of liability

To the full extent permitted by law, Movepro excludes liability for:

  1. any Consequential Loss (even if we have been advised of the possibility of such loss); and
  2. any Loss, Claim or Liability arising out of or in relation to:
    1. personal injury, death or property damage; or
    2. any Claims made by third parties arising out of or in connection with or these Terms.

In the event Movepro is found liable for any Loss, Claim or Liability under or in connection with these Terms, then to the extent permitted by applicable law, Movepro's total liability is:

  1. limited to the amount greater of: $100 and the Subscription Fees you have paid us in the month prior to the date the liability arose; and
  2. reduced to the extent that you, any Company Personnel, your Related Entities or Related Bodies Corporate contribute to such liability.

10.2 Indemnity

You agree to release and indemnify, defend, hold harmless and keep us and each of our Related Entities, Related Bodies Corporate, affiliates, directors, officers, employees, licensees, contractors and agents, from and against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs and expenses on an indemnity basis) however arising, whether present, unascertained, immediate, future or contingent, and whether based in contract, tort, statute, or otherwise, arising out of or in connection with:

  1. any breach of these Terms by you or a User;
  2. your or any User's use of the Platform or Customer Data;
  3. the Company Data;
  4. any breach by you of your contract with a Customer;
  5. the Contracted Services; or
  6. any negligence by you.

10.3 Reasonable steps

Each party must take reasonable steps to mitigate the effects of any Loss, Claim or Liability suffered under or in relation to these Terms.

A party will not be liable to the other party for any Loss, Claim or Liability arising out of a party's failure to comply with this clause 10.3.

11. Termination

11.1 Termination by Movepro

We may terminate your access to the Platform and permanently close your Account immediately upon notice, if:

  1. you have breached these Terms and the breach is not capable of remedy or you have not rectified the breach within 7 days of receiving notice from us, identifying the breach and requesting rectification; or
  2. you suffer an Insolvency Event.

11.2 Termination by you

You may close your Account at any time by following process set out in the Documentation.

11.3 Consequences of termination

Upon permanent closure of your Account:

  1. you and each User must cease use of the Platform;
  2. the rights granted to you and each User at clause 3.1 is immediately revoked;
  3. these Terms automatically terminate and will not have any effect;
  4. you must immediately pay us any unpaid Subscription Fees, including the Subscription Fees incurred up to the end of the month in which these Terms are terminated;
  5. you must within 30 days provide us a final report, which details the Platform Fees payable with respect to any Bookings made up to the date of termination (irrespective of whether or not the Contracted Services were provided before or after that day) and pay Movepro any unpaid portion of the Platform Fees; and
  6. if requested, we will make available all Company Data in our possession or control for 30 days following the closure of your Account, to enable you to download the Company Data.

12. Disputes

If you have a reason to raise a Dispute, you must first provide us with written notice of the Dispute, including particulars of the Dispute.

Our authorised representatives will, within seven days of receiving the Dispute, attempt to resolve the Dispute with you.

If our authorised representatives are unsuccessful in resolving the Dispute with you within thirty (30) days of our receiving notice of the Dispute, either of us may, by giving written notice to the other party, refer the Dispute for mediation.

The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President's nominee.

Each party must bear its own costs of the mediation and bear equally the mediator's costs, and each party is entitled to legal representation at the mediation.

If the Dispute is not resolved through mediation, each party may escalate the Dispute in its sole discretion.

You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this clause 12.

13. Miscellaneous

13.1 Notices

A notice, consent, approval or other communication under these Terms ( Notice ) must be in writing and signed by the sender or its duly authorised representative, addressed to the recipient and sent to the recipient’s email address.

The particulars for delivery of Notices are as follows:

  1. for Movepro: by email to [email protected]; and
  2. for the Company: the contact details specified in the Account.

13.2 Confidentiality

A party who obtains proprietary or confidential information of the other party under or in connection with these Terms must maintain the confidentiality of such information unless it becomes publicly known (other than through a breach of this clause 13.2), except where the receiving party discloses the other party's confidential information:

  1. to its employees, contractors, agents or representatives, strictly as required to enable that party to perform its obligations under these Terms and provided those individuals are subject to confidentiality obligations;
  2. to its professional advisers (including, lawyers and accountants); or
  3. as required by applicable law or a court order and provided that the party subject of such law or order notifies the other party prior to the required disclosure, unless notification is prohibited by the relevant law or court order.

13.3 Relationship

These Terms do not create any agency, partnership, joint venture, employee-employer or other similar relationship whatsoever.

Movepro is not acting as an agent for the Company or to endorse the Company.

You agree and understand that all Customers that access or use the Platform and make Bookings do so solely in their own capacity.

To the extent permitted by law, we specifically disclaim all liability for any loss or damage incurred by you in any manner due to the acts or omissions of each Customer.

13.4 Legal costs

Except as expressly stated otherwise in these Terms, each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under these Terms.

13.5 Governing law and jurisdiction

These Terms are governed by and is to be construed in accordance with the laws applicable in Queensland, Australia.

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

13.6 Severability

Subject to clause 13.6(b), if a provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.

Clause 13.6(a) does not apply if severing the provision:

  1. materially alters the:
    1. scope and nature of these Terms; or
    2. the relative commercial or financial positions of the parties; or
  2. would be contrary to public policy.

13.7 Further steps

Each party must promptly do whatever any other party reasonably requires of it to give effect to these Terms and to perform its obligations under it.

13.8 Consents

Except as expressly stated otherwise in these Terms, a party may conditionally or unconditionally give or withhold consent to be given under these Terms and is not obliged to give reasons for doing so.

13.9 Rights cumulative

Except as expressly stated otherwise in these Terms, the rights of a party under the Terms are cumulative and are in addition to any other rights of that party.

13.10 Waiver and exercise of rights

A single or partial exercise or waiver by a party of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.

A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

13.11 Survival

The provisions of clause 7.1 (Use of Company Data), 10 (Liability), 11.3 (Consequences of Termination) and this clause 13.11 survive the expiry or termination of these Terms.

13.12 Assignment

The Company must not assign its interest in these Terms without the prior written consent of the Movepro.

Movepro may assign its interest in these Terms without the consent of the Company.

Any purported dealing in breach of this clause is of no effect.

13.13 Counterparts

These Terms may consist of a number of counterparts and, if so, the counterparts taken together constitute one agreement.

13.14 Entire understanding

These Terms contain the entire understanding between the parties as to the subject matter of these Terms.

All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are merged in and superseded by these Terms and are of no effect.

No party is liable to any other party in respect of those matters.

No oral explanation or information provided by any party to another:

  1. affects the meaning or interpretation of these Terms; or
  2. constitutes any collateral agreement, warranty or understanding between any of the parties.

14. Definitions and interpretation

14.1 Definitions

In these Terms:

Account means an account created through the Website for use of the Platform;

Accounting Standards means:

  1. the applicable accounting standards under the Corporations Act and interpretations of such standards approved by the Australian Accounting Standards Board; or
  2. if the Company is not covered by the accounting standards at paragraph 14.1(a) above, the generally accepted accounting principles, policies, practices and procedures applied from time to time in Australia for companies of the same or similar size, complexity and industry to the Company;

Booking means a request made by a Customer through the Platform for the Company's provision the Contracted Services, that has been accepted and confirmed by the Company;

Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms;

Company ( you or your ) means the entity specified in the Registration that will access and use the Platform;

Company Data means any data, information or materials provided by or on behalf of the Company to Movepro in connection with the Company or each User's access or use of the Platform, and includes any data you or a User upload to the Platform;

Company Personnel means any employee, contractor, agent or authorised representative of the Company;

Consequential Loss means any loss or damage that is special, exemplary, indirect or consequential, including (without limitation) any loss of profit, loss of revenue, loss of contract value, loss of opportunity, loss of data, damage to reputation, loss of goodwill, or service disruptions;

Consumer Price Index means:

  1. the All Groups Consumer Price Index applicable to Brisbane published by the Australian Bureau of Statistics; and
  2. if this price index is discontinued or abolished or if the items or weighting of the items whose prices are considered vary so as to change the basis of the price index, then any price index Movepro selects that, as nearly as practicable, serves the same purpose;

Contracted Services means the services to be provided by you pursuant to your contract with a Customer;

Corporations Act means the Corporations Act 2001 (Cth);

Customer means any individual or company that accesses or uses the Platform to make a Booking;

Customer Data means any data, information or materials provided by a Customer through the Platform in relation to a Booking (including the Customer's personal information);

Dispute means a dispute or disagreement arising out of, or in connection with, these Terms or the Platform;

Documentation means any information, guidelines, specifications, manuals or other materials we make available on the Website from time to time, in relation to your use or access of the Platform;

Effective Date means the date you accept these Terms;

Fees means the Subscription Fee and Platform Fees;

Force Majeure Event means an event or circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform its obligations under these Terms, including without limitation:

  1. adverse changes in government regulations or applicable law;
  2. any acts of God;
  3. earthquakes, lightning strikes, floods, storms, explosions, fires or any natural disaster;
  4. acts of public enemies, terrorism, riots;
  5. cyber attacks, viruses or malware, network outages; or
  6. strikes or industrial disputes;

Insolvency Event means the occurrence of any one or more of the following events regarding any party to these Terms:

  1. a meeting has been convened, resolution proposed, petition presented or order made for the winding up of that party;
  2. a receiver, receiver and manager, provisional liquidator, liquidator, or other officer of the Court, or other person of similar function has been appointed regarding all or any material asset of the party;
  3. a security holder, mortgagee or chargee has taken attempted or indicated an intention to exercise its rights under any security of which the party is the security provider, mortgagor or chargor; or
  4. an event has taken place with respect to the party which would make, or deem it to be, insolvent under any law applicable to it;

Intellectual Property Rights means all current and future intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including patents, trademarks, domain names, design rights, copyright, trade secrets, know how, applications for them and licences or consents in relation to them, and any moral rights arising under Part IX of the Copyright Act 1968 (Cth) (and any other similar rights arising under any other law in Australia or anywhere else in the world at any time);

Liability means any liability or obligation (whether actual, contingent or prospective) including any Loss, irrespective of when the acts, events or things giving rise to the liability or obligation occurred;

Loss includes any loss, damage, cost, charge liability (including tax liability) or expense (including legal costs and expenses);

Movepro IP means all Intellectual Property Rights owned or held by Movepro independently of these Terms, including the Intellectual Property Rights subsisting in the Platform and the Documentation;

Platform means the web-based booking and scheduling platform we operate to assist moving or removalist companies in creating and managing Contracted Service bookings, and includes all:

  1. graphics, designs, interfaces, functionalities and other content comprised in the Platform (but excludes Company Data); and
  2. updates, upgrades, versions or patches;

Platform Fee means the amount equivalent of 2% of the Revenue paid or payable to the Company for completing the Contracted Services requested under a Booking;

Registration means the online registration form available on the Website, for the creation of an Account and subscription to the Platform;

Related Body Corporate has the meaning given to that term in the Corporations Act;

Related Entity has the meaning given to that term in the Corporations Act;

Revenue means the annual revenue calculated in accordance with Accounting Standards;

Subscription Fee means the subscription fee specified on the Website from time to time;

Terms means these terms and conditions;

Third Party Content means any products, services or materials owned or held by a third party to these Terms;

User means any Company Personnel you authorise to use the Account; and

Website means the website available at https://www.movepro.com.au.

14.2 Interpretation

In these Terms, unless the context otherwise requires:

  1. a reference to:
    1. the singular includes the plural and the plural includes the singular;
    2. a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to these Terms and references to these Terms include any recital, schedule or annexure;
    3. any contract (including these Terms) or other instrument includes any variation or replacement of it and as it may be assigned or novated;
    4. a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
    5. a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
    6. a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
    7. a group of persons is a reference to any two or more of them taken together and to each of them individually;
    8. an entity which has been reconstituted or merged means the body as reconstituted or merged, and to an entity which has ceased to exist where its functions have been substantially taken over by another body, means that other body;
    9. time is a reference to legal time in Brisbane, Queensland;
    10. a reference to a day or a month means a calendar day or calendar month;
    11. money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
  2. unless expressly stated, no party enters into these Terms as agent for any other person (or otherwise on their behalf or for their benefit);
  3. the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
  4. the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
  5. headings and the table of contents are for convenience only and do not form part of these Terms or affect its interpretation;
  6. if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
  7. the time between two days, acts or events includes the day of occurrence or performance of the second but not the first day act or event;
  8. where there are two or more persons in a party each are bound jointly and severally; and
  9. a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.

Start your free trial today

Experience the ease of managing your removalist business with our software platform.

Sign up