Terms & Conditions
These pages, the content and infrastructure of these pages, and the online booking service (including the facilitation of payment services) provided by us are owned, operated and provided by Best Rated Transport ABN 25 390 229 463 and are provided for your personal use only, subject to these Terms.
The relationship that we have with the Best Rated Transport operators (Operators) are governed by separate terms and conditions which govern the commercial relationship we have with each of these Operators. Please note that Operators may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own delivery, shipping, carriage, usage terms and conditions and house rules for the use of their services (which may include certain disclaimers and limitations of liability).
Best Rated Transport may, at our absolute discretion, refuse to allow any person to access the Website, Platform or Services, and may cancel or suspend any existing access to the Website, Platform or Services, at any time.
1. Scope and nature of our services
- Through the Best Rated Transport Platform or application, we provide an online service through
which we connect you with suitable Operators that provide removalist and/transport services. Our
- monitoring, reviewing, administrating and operating our website and connecting you with Operators;
- providing a user directory of Operators;
- providing an online inventory calculator tool to assist you in estimating the capacity required for your transport or removalist service;
- providing you with an online customer account after you register to use our Services;
- providing any services that we may offer or agree (at our absolute discretion) to provide in order to assist you with scoping your proposed move and booking an Operator (Assisted Booking Services); and
- any other products, services, features, contests or promotions offered by Best Rated Transport from time to time at our discretion (Ancillary Products and Services).
- All features of our Services are subject to change, development and discontinuation and, as such, we may vary or discontinue any feature of a Service at any time on notice to you.
- You may book an Operator to provide Mover Services on the Platform by following the booking process. All applicable fees, including the Deposit will be set out in the booking process. You agree to pay those fees in accordance with the payment terms set out in these Terms and any agreement with the Operator.
- From the point at which you accept a quotation or purchase a product or service (as applicable) from an Operator, we act solely as an intermediary between you and the Operator for the limited purpose of transmitting the relevant details of you and your required service to the relevant Operator, processing payment and sending you confirmation and other emails on behalf of the Operator with respect to your booking and payment. Except for the receipt and processing of payment for the Operator, Best Rated Transport is at all times a publisher and not the agent of any Operator.
- Best Rated Transport does not:
- offer or provide removalist or transport services or act as a common carrier in any respect;
- except as expressly stated otherwise, act as a representative or agent, employer, or for the benefit of, you, an Operator or any third party;
- take any responsibility for any aspect of any interactions between users of our Platform, website or application;
- take any responsibility for your use of, the accuracy of, or any estimates or quotations made using the inventory calculator tool;
- act as an intermediary between users, or assist or involve itself in any dispute between users, but may elect to do so (at our absolute discretion) to improve user experience.
- You authorise and consent to us speaking with and providing any information (other than payment information) submitted by you via our Platform to available Operators to obtain pricing and options for your required services.
- It is your responsibility to obtain from your selected Operator (or via our Platform where available) their terms and conditions relating to the provision of services to you, before accepting the Operator’s quotation and paying the Deposit. It is also your responsibility to ensure that you have read the selected Operators terms and conditions carefully and confirm any questions or concerns with your chosen Operator before paying the Deposit.
- The provision of a quotation by an Operator is an invitation to treat and is not to be deemed or implied to be an offer. Your acceptance of an Operator’s quotation constitutes an offer for the Operator to provide you with the services set out in the quotation on any terms and conditions provided by the Operator. A binding agreement will exist between you and the Operator once the Operator (or a representative of Best Rated Transport on behalf of the Operator) confirms your booking.
- While we will use reasonable skill and care in providing our service, each Operator is responsible at all times for the accuracy, completeness and correctness of the information provided on our Platform or in any quotation provided to you with respect to the services provided by that Operator and any rates, fees, prices, policies, conditions and availability information provided by the Operator.
- All Operators are required to comply with our Code of Conduct and we will use reasonable endeavours to ensure that our Operators are reputable and provide high quality services however, except as expressly stated otherwise on our Platform, the inclusion of an Operator on our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Operator or their vehicles, products or services. You are solely responsible for your choice of Operator.
- Once the services have been provided by the Operator, you are encouraged to provide feedback
regarding the Operator and the services provided via our Platform and any relevant third-party
review services, site, email and social media profiles. Best Rated Transport will not accept
reviews which include:
- profanity, sexually explicit, hate speech, discriminatory, threats, violence;
- mention of full names, personal attack towards the staff of an Operator or Best Rated Transport;
- promoting illegal activities;
- sites, emails and addresses, phone numbers, cc details;
- politically sensitive comments; or
- other material or comments which are, or may be found to be, defamatory.
2. Fees and payment
- Unless indicated otherwise, registration on our Website and use of our Platform is free of charge for you.
- Best Rated Transport receives a Service Fee, payable from the Deposit, from each Move that is booked with our Operators. Best Rated Transport will be taken to have rendered our Services at the time of Booking Confirmation, and our entitlement to payment of the Service Fee arises at that time. You authorise Best Rated Transport (and our Payment Providers) to apportion and apply the Deposit as follows:
- an amount equal to the Service Fee and any transaction fees payable in accordance with clause 3(h) for your Move, to Best Rated Transport at the time of Booking Confirmation; and
- the balance of the Deposit (if any), to the Operator at the time of Booking Confirmation.
- The amount of our Service Fee and/or the method of calculating our Service Fee may change from time to time.
- In addition to payment of the Deposit in accordance with clauses 2(b) and 2(c), for a Standard Booking, you authorise Best Rated Transport (and our Payment Providers) to process payment of the following amounts from your nominated payment method at the following specified times:
- the Quoted Price (less the amount of the Deposit) to the Operator, upon the Operator confirming that your goods have been loaded onto the Operators vehicle; and
- payment for any Variations, being either as a refund to you or as an additional payment to the Operator (as relevant), within 10 days of Best Rated Transport receiving written confirmation of the Variation from both parties.
- In addition to payment of the Deposit in accordance clauses 2(b) and 2(c), for a Short Notice Booking, you authorise Best Rated Transport (and our Payment Providers) to process payment of the following amounts from your nominated payment method at the following specified times:
- the Quoted Price for the Move (less the amount of the Deposit) to the Operator, upon Booking Confirmation; and
- payment for any Variations, being either as a refund to you or as an additional payment to the Operator (as relevant), within 10 days of Best Rated Transport receiving written confirmation of the Variation from both parties.
- Where payment is made using a short-term financing facility (e.g. Humm, Afterpay, Zip, etc) and your payment is subsequently not approved by that financing facility, you agree to provide Best Rated Transport with payment in full (being the total monetary amount of the Deposit, the Quoted Price and the price for any Variations) within seven (7) days.
Payments may be made electronically via bank transfer or credit card. You acknowledge that payments made by credit card will incur a surcharge fee in accordance with the table below:
(l) Credit Card (m) Surcharge Fee (m) MasterCard (o) 1.37% (p) Visa (q) 1.37% (r) American Express (s) 3.00%
- In order to process electronic payments, Best Rated Transport utilises third party payment service providers (Payment Provider). Our Payment Providers may also charge transaction fees, depending on the payment method chosen by you. You agree to pay such transaction fees in addition to the Deposit and/or the Mover’s Fee payable by you and authorise the Payment Provider to charge your nominated payment details for such transaction fees.
- Services provided by the Payment Providers may be subject to that third party’s terms, conditions and privacy practices and you should review these terms and policies independently. Other than ensuring that our Payment Provider complies with the Payment Card Industry Data Security Standard, we are not responsible for the actions or omissions of any Payment Provider.
- To access the payment services in our Platform, you must hold a valid customer account on the Platform and register valid credit card or other payment system details with us. You must provide to us any information that we request in order to verify your identity or prevent fraud or misuse of the Platform, or comply with any laws and you authorise us to disclose this information to our Payment Provider for the same purpose.
- You authorise us and/or our Payment Provider to act as your agent in respect of payments made to or by you as a result of your use of the Platform. You authorise the Payment Provider to store your payment system details (including credit or debit card details) and use them in accordance with these Terms.
- Unless otherwise stated, all amounts and fees set out in these Terms and on our Platform are inclusive of GST. Where GST has been charged by an Operator or is payable by you in addition to any Quoted Price, the Operator must provide you with a valid tax invoice.
- Best Rated Transport reserves the right to increase any listed price in relation to a job request posted on the Platform or directly to us, but will not lower such price.
- You and the Operator may agree to vary the terms of your transport or removal contract, provided that doing so will not result in a breach of these Terms.
- If you wish to reschedule your Move after you have received a Booking Confirmation, you must do so by contacting the Operator directly. Any changes to the Move will be at the Operator’s discretion and subject to the Operator’s terms and conditions.
The Mover’s Fee payable by you may differ from the Quoted Price provided prior to Booking Confirmation if a variation or adjustment is required in accordance with the terms of your agreement with the Operator (Variation), for example due to:
- the volume of items to be moved not matching the estimate provided by you;
- a change to the Move Date, pick up or delivery address;
- access to the items to be moved is made difficult by steep staircases or driveways which were not disclosed or contemplated in the calculation of the Quoted Price; or
- any other change to the information submitted by you in order to obtain the initial quotation.
- Best Rated Transport makes no representations, warranties or guarantees regarding the amount of, or any Variations to, the Quoted Price or Mover’s Fee. You are responsible for:
- ensuring that you provide complete and accurate Move Details to Best Rated Transport and your chosen Operator; and
- understanding and confirming the terms of your transport or removal contract with the Operator.
4. Cancellations and refunds
- Your right to cancel a transport or removal contract (including refunds of amounts paid under that agreement) will be governed by the terms and conditions of that contract with the Operator, except to the extent that they are inconsistent with these Terms. Best Rated Transport makes no representations, warranties or guarantees about your right or ability to cancel a transport or removal contract or to claim a refund of, or otherwise recover, any amounts paid pursuant to that contract.
- If the Operator cancels or fail to perform a transport or removal contract, Best Rated Transport may only be responsible for refund of the Service Fee (if paid) in accordance with the provisions of paragraph (d) below. You may make a claim against the Operator for recovery of the Mover’s Fee (if already paid) under the terms of the transport or removal contract, which must be carried out outside of the Best Rated Transport website, Platform or manual lead generator.
- Any transaction fees charged by a Payment Provider are non-refundable.
- If you have made a:
Standard Booking and wish to cancel, you may do so and obtain a refund of your Deposit if you provide us with notice of cancellation:
- at least 3 weeks before the move date; or
- within 2 days of the date of payment of the Deposit.
- Short Notice Booking and wish to cancel, you may do so and obtain a refund of the amount paid less your Deposit and any Payment Provider transaction fees. The Deposit and any transaction fees are non-refundable for all Short Notice Bookings.
- Standard Booking and wish to cancel, you may do so and obtain a refund of your Deposit if you provide us with notice of cancellation:
5. Representations and warranties
- You represent, warrant and guarantee that:
- you are at least eighteen years old and able to enter into legally binding agreements;
- you have the legal right and capacity to enter into a legally binding agreement with us on your own behalf or on behalf of the person or entity you represent (as applicable);
- you are the owner of the goods to be moved pursuant to the transport contract or removal contract, or an authorised representative of the owner;
- you agree to use the Platform and Services in accordance with these Terms, the Operator terms and all applicable laws and regulations;
any information which you have provided to us, submitted to us via any means (such as email, phone, text) or which you upload to our Platform:
- is accurate, up to date and not false, misleading, or deceptive;
- is not potentially or actually harmful to Best Rated Transport or any other person;
- is not fraudulent;
- does not in any way infringe on any proprietary or intellectual property rights of Best Rated Transport or any third party;
- is not defamatory, harassing or threatening; or
- is not in breach of any applicable law; and
- you have the financial capacity to pay the Mover Fee and all other amounts payable under these Terms and any terms and conditions of the Operator, on or before the times specified.
- Best Rated Transport recommends all Operators hold goods in transit Insurance and public liability insurance and any other appropriate insurances relevant to the type of goods they are transporting. However, we do not represent, warrant or guarantee (except as expressly stated otherwise) that any particular Operator holds insurance or that such insurance is current, covers you or your goods in particular or is adequate or appropriate for your Move.
- Best Rated Transport does not represent, warrant or guarantee that any of its insurance policies will cover you, your goods or your Move. Best Rated Transport reserves the right to change the terms of its insurance policies with its insurance providers at any time and without notice.
- Best Rated Transport may publish on its Website or Platform links to third party websites offering insurance. All such insurance will be offered and/or provided by an unrelated third party and will be subject to that third party’s terms and conditions. Best Rated Transport does not represent, warrant or guarantee that any insurance products offered will be adequate or appropriate for you, your goods or your Move, You must make your own enquiries about the suitability of the insurance policy offered and whether such policy is required for your Move.
7. Our liability to you
Where we have been negligent and/or breached a material contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that such loss and/or damage is foreseeable and an obvious consequence of our negligence or breach. However, to the maximum extent permitted at law:
- Best Rated Transport disclaims all implied warranties, including warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Best Rated Transport disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or services supplied), arising out of or in any way connected with:
- the availability or otherwise of the Platform or Services or your suspension from access to the Platform or Services;
- any transaction of any kind between you and an Operator, including in relation to the terms of, performance or non-performance of, payment under, or liability arising from a transport or removal contract with an Operator;
- any transaction of any kind between you and third parties; or
- any damage of any kind to property, or personal injury, caused or incurred by you.
- Best Rated Transport disclaims all liability for indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings) except as expressly stated otherwise.
- Best Rated Transports liability to you is limited to the total amount of payments made by you to Best Rated Transport during the twelve-month period prior to any incident causing the liability of Best Rated Transport or $50, whichever is greater.
- Best Rated Transport’s liability to you in relation to a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- Best Rated Transport is not liable to you for any delay or non-performance of our obligations under these Terms arising from any cause beyond our control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, epidemic, pandemic and quarantine restrictions.
- We will use reasonable endeavours to provide you with continuous and fault-free operation of the Platform and the other Services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so.
8. Your liability to us
To the maximum extent permitted at law, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the Platform, Website, our Services or breach of these Terms.
- Best Rated Transport may at its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you, suspend your access to the Platform, Website or Services, and remove any content you have uploaded to the Platform or online directory.
- We may also remove or amend some or all of your listings, content or your online customer account at any time, in our discretion.
- Termination of these Terms does not affect any transport or removal contract that has been formed between you and an Operator.
- Clauses 4, 5, 8 and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.
11. Intellectual Property Rights
- Unless stated otherwise, the software required for our Services or available at or used by our Platform or Website and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform and Website are owned by Best Rated Transport and/or its Operators.
- Best Rated Transport exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of (the look and feel (including infrastructure)) of the Platform and Website on which the Services are made available and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our content or would otherwise own any intellectual property rights in any content or reviews, you hereby assign, transfer and set over all such intellectual property rights to Best Rated Transport. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
- If you provide us with any suggestions, comments, ideas, feedback or reviews (Customer Feedback), you agree that we may use, exploit, reproduce and disclose that Customer Feedback in any way whatsoever without restriction or obligation to you, and without any obligation to pay you any royalty, fee or any other amount. We may compile statistical, usage and performance information relating to the provision of the Services and we may use that material to improve our Services, for benchmarking and analysis, to create new products and services and for marketing purposes. However, we will only use anonymised information for this purpose.
12. Third party content
Our Website or Platform may contain content provided to us by other parties (Third Party Content). We do not have a practice of monitoring or making inquiries about Third Party Content. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not necessarily represent our views. You rely on third Party Content completely at your own risk.
13. Notices and electronic communications
- Except as stated otherwise, any notices to Best Rated Transport must be given by email to email@example.com.
- We will send all notices and other communications to you at the email address that you have provided to us upon your request for your quotation. It is your sole responsibility to ensure that you provide us with your current contact email address and to ensure that your email account is checked regularly.
- You consent to Best Rated Transport and the Operators communicating with you electronically. This consent and authority will apply to all communications permitted to take place electronically by law including, but not limited to, sending to you statements, notices, tax invoices, booking confirmations and other communications and entry into agreements with Operators.
14. Complaints and dispute resolution
- Disputes in relation to the binding agreement between you and an Operator should be dealt with by the parties in accordance with the terms of that agreement. You should seek to resolve any dispute with the relevant Operator before lodging a dispute with us.
- You may lodge a dispute with us at any time up to the date that is 14 days after the Move Date. Details of the dispute should be sent to firstname.lastname@example.org and include the date of the Move (or the event causing the dispute as applicable), a detailed description of the dispute and any supporting material (if applicable). You must cooperate as reasonably requested by us to resolve the dispute. We will determine the dispute promptly acting reasonably, including (if necessary) determining what payment (if any) should be refunded to you or paid to the Operator. You agree to comply with any direction made by us in relation to this determination.
- Your right to lodge a dispute with us is in addition to any other rights or remedies available to you at law.
15. Use of tracking technologies
By engaging our services, you acknowledge and agree that you are not permitted to place tracking devices (such as air-tags) within, or as an accompaniment to, any items and/or property being transported, for any purpose, unless:
- you have confirmed to Best Rated Transport that you are the recipient of the items and/or property being transported (Recipient); or
- you have first provided Best Rated Transport with written evidence demonstrating that the Recipient consents to the use of tracking devices or technologies accompanying the items and/or property being transported.
- The confirmation and/or consent contemplated under clause 15(a) is to be made during your completion of our engagement forms and documentation on our Website.
In circumstances where you are permitted to use tracking devices in accordance with clause 15(a), you acknowledge and agree:
- That the moving trucks/vehicles may, at any one time, be carrying items and/or property for multiple different customers and therefore may be required to make multiple stops in different locations; and,
- You will not engage in sending unsolicited or unnecessary communications to the Operator of the truck moving the relevant items and/or property.
16. General provisions
- Your use of our Website, Platform and Services and these Terms are governed by the laws of Queensland and the Commonwealth of Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State and the Commonwealth of Australia.
- Each party has relied entirely on its own enquiries in accepting these Terms.
- Each party must:
- use its best efforts to promptly do all things reasonably necessary to give full effect to these Terms; and
- obtain and maintain all consents, approvals and authorities necessary for any party to perform its obligations under these Terms.
- The provisions of these Terms are severable, and if any one or more provisions may be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall be binding and enforceable.
- Any failure by a party to enforce that party's rights under these Terms and any forbearance delay or indulgence granted by that party to any other party shall not be construed as a waiver of that party's rights under these Terms.
- Each party will pay their own costs in relation to these Terms.
The following rules apply unless the context requires otherwise:
- headings are for ease of reference only and do not affect interpretation;
- the singular includes the plural and vice versa, and a gender includes other genders;
- if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them;
- a reference to a clause is a reference to a clause in these Terms;
- a reference to an agreement or document is to the agreement or document (or schedule) as amended, varied, supplemented, novated or replaced, from time to time;
- a reference to a party to an agreement or document includes that party’s successors, permitted substitutes and permitted assigns (and, where applicable, that party’s legal personal representatives);
- a reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing;
- a reference to dates and times are to those dates and times in Queensland;
- a reference to “dollars”, “$” or an amount of money is to Australian currency;
- the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions; and
- a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it.
In these Terms, capitalised words will have the following meanings, unless the context otherwise requires:
Ancillary Products and Services means the services described in clause 1(a)(vi).
Assisted Booking Services means the services described in clause 1(a)(v).
Best Rated Transport, we, or us means Best Rated Transport Pty Ltd ABN 25390229463.
Booking Confirmation means when the Operator has confirmed acceptance of your Move or you have paid the Deposit, whichever is the later.
Deposit means the deposit amount payable by you as a part payment towards the Mover’s Fee and the Service Fee, being the amount specified in the Quoted Price.
GST means goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Move means the transport by an Operator of your goods from one address to another.
Move Date means the calendar date of a Move.
Move Details means the information required by the Operator to arrange the Move, including your contact details, pick-up and delivery addresses, volume and types of goods to be moved, and preferred Move Date.
Mover’s Fee means the total of all fees payable by you to an Operator for a Move pursuant to a transport or removal contract, as adjusted or varied by any Variations agreed in writing between you and the Operator but exclusive of any transaction fees charged by our Payment Providers.
Mover Services means the provision of removalist and/or transport services to move goods from one location to another, together with any other services offered by an Operator to facilitate a Move.
Non-Excludable Condition means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
Operator means the Best Rated Transport operator selected by you to provide Mover Services.
Payment Provider has the meaning given to that term in clause 2(h).
Platform means the Best Rated Transport desktop website, mobile website and mobile application (including mobile phone, tablet and wearable applications (if any)) and related systems for the provision of the whole or any part of the Services.
Quoted Price means the estimated price quoted to you for a Move including the Deposit but exclusive of any transaction fees charged by our Payment Providers. The Quoted Price is an estimate calculated by the Operator based on:
- pricing information that the Operator has provided to Best Rated Transport; and
- the Move Details that you have provided to Best Rated Transport.
Servicesmeans the provision of the Platform, any Assisted Booking Services, any Ancillary Products and Services (as applicable) and any other services that Best Rated Transport elects to provide from time to time.
Service Fee means the fee payable to Best Rated Transport for providing the Services. It is calculated as a percentage of the Mover’s Fee and may vary depending on whether the booking is a Standard Booking or a Short Notice Booking.
Short Notice Booking means a Move where the Move Date is less than 5 days from Booking Confirmation.
Standard Booking means a Move where the Move Date more than 5 days from Booking Confirmation.
Variation has the meaning given in clause 3(c).
Website means the website and any associated subdomains published by Best Rated Transport including www.bestratedtransport.com.au.
If there are any questions regarding these Terms and Conditions, please reach out to us at email@example.com.
BEST RATED TRANSPORT ABN 25 390 229 463