What these terms cover
Welcome to Movesmith. In these terms, “Movesmith”, “we”, “us”, and “our” mean Movesmith Ltd, a company registered in England and Wales under company number 16634345, registered office 86–90 Paul Street, London EC2A 4NE.
These terms apply when you browse, access, or interact with our website at movesmith.uk and any related site we operate (the “Website”). They are divided into two parts: Part A applies when you browse and interact with the Website; Part B sets out liability, warranties, and interpretation provisions that apply throughout.
Booking a move. These terms govern browsing only. When you register an account or book a move, the Movesmith Marketplace Terms and Conditions apply to that booking in addition to these terms.
You must be 18 or older to use the Website. We may change these terms at any time by updating this page, so please check the date above. Do not continue using the Website unless you accept these terms.
Part A — Browsing and interacting with the Website
1. Access and use
1.1 You must use the Website only in accordance with these terms and applicable law, and must ensure that any employees, sub-contractors, or agents who use the Website on your behalf do the same.
2. Your obligations and acceptable use
2.1 You must not:
- (a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile, or reverse-engineer any part of the Website without our express consent;
- (b) use the Website for any purpose other than browsing and communicating with us about our services;
- (c) use, or attempt to use, the Website in any way that is illegal or fraudulent, or that facilitates illegal or fraudulent activity;
- (d) use the Website in a way that may interfere with, disrupt, or create an undue burden on the Website or its servers or networks;
- (e) use any automated scripting tool or software to access the Website;
- (f) act in any way that may diminish or harm the reputation of Movesmith, including by linking to the Website from another site; or
- (g) attempt to breach the security of the Website or interfere with its normal functioning, including by gaining unauthorised access to accounts or data, scanning or probing for vulnerabilities, overloading or mailbombing the Website, submitting a virus, or participating in a denial-of-service attack.
3. Information on the Website
3.1 While we make every effort to keep the information on the Website accurate and up to date, you acknowledge that, to the maximum extent permitted by law, we do not guarantee that: the Website will be free from errors or defects; the Website will be accessible at all times; messages sent through the Website will be delivered promptly or at all; information you receive or supply will be secure or confidential; or any information on the Website is accurate or true.
3.2 We may change any information or functionality on the Website at any time without notice, including service descriptions, prices, and other Website content.
4. Intellectual property
4.1 Movesmith retains ownership of the Website and all materials on it, including text, graphics, logos, design, icons, images, recordings, pricing, downloads, and software (“Website Content”), and reserves all Intellectual Property Rights not expressly granted to you.
4.2 You may make a temporary electronic copy of the Website solely to view it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any Website Content without our prior written consent or as permitted by law.
5. Third-party terms and links
5.1 You acknowledge that third-party terms and conditions may apply to third-party goods and services accessed through the Website. We will not be liable for any loss or damage you suffer in connection with such third-party terms.
5.2 The Website may contain links to other websites that are not our responsibility. We have no control over, and are not responsible for, the content of any linked website, and inclusion of a link does not imply our endorsement of it.
6. Security
6.1 We do not accept responsibility for loss or damage to your computer, phone, or other device arising in connection with your use of the Website. You should take your own precautions against viruses and other harmful code.
7. Reporting misuse
7.1 If you become aware of any misuse of the Website, any error in its content, or any difficulty accessing or using it, please contact us immediately using the contact details or form on the Website.
Part B — Liability and other legal terms
8. Liability
8.1 To the maximum extent permitted by applicable law, Movesmith excludes all liability arising out of your use of the Website. Where liability cannot be excluded at law, Movesmith’s total liability to any person for loss or damage of any kind, however arising (whether in contract, tort including negligence, statute, equity, indemnity, or otherwise), arising from or relating to the Website or these terms, is limited to the greater of the total fees you paid to Movesmith in the 3 months preceding the first event giving rise to the liability, and £50.
8.2 All express or implied representations and warranties are excluded to the maximum extent permitted by applicable law.
8.3 Indemnity. You indemnify Movesmith and its employees and agents against all liability (including reasonable legal costs) for loss, damage, or injury suffered by any person arising from your or your representatives’ breach of these terms, use of the Website, or use of any goods or services provided by Movesmith.
8.4 Consequential loss. To the maximum extent permitted by law, Movesmith will not be liable for any incidental, special, or consequential loss, or for loss of data, business, business opportunity, goodwill, anticipated savings, profits, or revenue, arising under or in connection with the Website or these terms, except to the extent this liability cannot be excluded at law.
8.5 Nothing in these terms excludes or limits liability for fraud or intentional unlawful conduct, or for death or personal injury resulting from negligence. Where any applicable law (including sections 3, 6, and 11 of the Unfair Contract Terms Act 1977) imposes restrictions on the exclusion of liability, the exclusions in this clause are limited accordingly, and any unaffected exclusions remain in full force.
9. Dispute resolution
9.1 A party claiming a dispute has arisen must not commence court proceedings (other than for an urgent interlocutory injunction) unless it has complied with this clause.
9.2 A party requiring resolution of a dispute must give the other party written notice with reasonable details. Each party must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days of the notice (or such other period as agreed in writing), either party may take legal proceedings.
10. Force majeure
10.1 If we become unable, wholly or in part, to carry out an obligation under these terms (other than to pay money) due to an event beyond our reasonable control, that obligation is suspended to the extent it is affected by the event.
11. General
11.1 Governing law and jurisdiction. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
11.2 Third-party rights. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
11.3 Waiver. No party may rely on a waiver of any right unless it is in writing and signed by the party granting it.
11.4 Severance. Any term that is wholly or partly void or unenforceable is severed to that extent, and the remainder of these terms continues in full force.
11.5 Assignment. You may not assign or transfer your rights or obligations without our prior written consent.
11.6 Entire agreement. These terms embody the entire agreement between the parties and supersede any prior arrangement in relation to their subject matter.
11.7 Notices. A notice under these terms must be in writing and in English and delivered by email to the other party’s most recently notified email address. Notices to Movesmith must be sent to hello@movesmith.uk. Notice is taken to be given 24 hours after sending (or the next Working Day if that is not a Working Day), or when replied to, whichever is earlier.
11.8 Interpretation. The singular includes the plural and vice versa; a reference to £ or GBP is to pound sterling; a reference to a person includes any entity; headings are for convenience only; “includes” is not a word of limitation; a reference to a statute includes any amendment or replacement of it; and no provision is interpreted against a party merely because that party prepared it.