Terms of Use

BeMoved Terms and Conditions

1. Who are we: bemoved.com.au is a website owned and operated by BeMoved Pty Ltd (ABN 37 649 325 940) of Level 8, 2 Bligh St, Sydney NSW 2000. In these terms, “BeMoved”, “us”, “we” or “our” means BeMoved Pty Ltd or its related bodies corporate and references to the website means the BeMoved website at https://www.bemoved.com.au. We are 100% Australian owned and operated business.
   
   
2. Terms:
   • These terms and conditions, together with our Privacy Policy and any additional terms, notices and disclaimers displayed on our website (“Terms”) govern your access to our website and use of the services offered by us.
   • By proceeding to utilise our website and services, you confirm that you have read and agree to be bound by the Terms.
   • This website is for people who are aged above 18 years of age and are Australian residents.
   • We reserve the right to change or amend the Terms at any time. If we do, the new Terms will be published on our website and we will take reasonable steps to bring any material changes to your attention. As you will be bound by any change to these Terms, you should review these Terms from time to time. By continuing to use our website and services after any change to these Terms, you will be deemed to have accepted the amended Terms. If you object to any changes to the Terms, you must immediately discontinue your use of our website.
   • This is an Australian website and all money related references are made in Australian Dollars (AUD) only.
     
     
3. Services
   • Our services include connection and disconnection of utilities and other products and services such as energy and telecommunications through our website and through our third party partners.
   • We may subcontract some of our services and utilise the services of third parties to fulfil some of our services to our customers. Where you request a service that is provided by a third party, you acknowledge and agree that the relevant third party’s terms and conditions apply to your use of that service.
   • Our advice should be considered general in nature as we do not offer any financial or investment related advice. We always recommend you do your own research before procuring a product or service with us.
   • While we take reasonable steps to ensure the availability and security of the website and the services, you accept that the website and the services are provided on an “as is” basis, to the maximum extent permitted by law. We do not warrant that the services will be continuously available, and we will not be liable if the services or any part of the services are unavailable at any time or for any reason.
     
     
4. Intellectual Property and Thirty Party Links
   • All material contained on the website is our property or licensed to us. You do not have any right, title or interest in or to any proprietary rights relating to the website.
   • You must not utilise, reproduce, or replicate any of the material on our website without our express written permission.
   • We may feature or display links and pointers to websites operated by third parties on our website. Such websites do not form part of our website and are not under our control. The provision of links to third party websites does not mean that we or our related bodies corporate, officers, employees or agents endorse or recommend, or have any association with, the third-party websites or the relevant third-party goods or services. Any content belonging to third parties remains the property of the specific third party.
   • Any links to third party websites or content are provided solely for the convenience of the customer. We take no responsibility for the content or security of third-party websites. In using any third-party material, the customer acknowledges that they do so at their own risk.
   • Third party websites may be subject to their own terms and conditions of use and privacy policies. You acknowledge and agree that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a third party website.
   • If you contact a third party using functionality provided on our website, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
   • You must not use the website in breach of any applicable laws or regulations or for any unlawful purposes.
   • We are responsible for updating our website but we make no warranty or representation as to the accuracy, reliability or correctness of the information contained therein (including, but not limited to, any content or information generated on our websites for or on behalf of us, and any third party content on our website). You acknowledge and agree that such information is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability, and correctness of such information that you obtain through use of our website or services.
     
     
5. Invitation to Contact
   • By submitting an application to us you explicitly authorise us, the relevant retailer and our other third party partners to contact you via phone, SMS, MMS, emails or any other electronic or direct methods in order to provide our services to you or to provide you with news, information or advice about our, or their, existing and new products and services.
   • If your phone number is on the Do Not Call Register, you confirm and consent that the communication is solicited. You also authorise us to contact you during our call centre opening hours, i.e. Monday to Friday 8:30 am to 6:00 pm AEST, Monday to Friday 8:30 am to 7 pm AEDST.
   • You authorise and consent to us and our third party partners contacting you for marketing promotions, which include telephone, SMS, MMS, emails or direct mails or any other format of marketing.
   • This consent is valid for the maximum time allowed by law or legal authorities like ACMA until you choose to opt out. You can opt out of these communications by contacting us using the details below.
     
     
6. Application
   • By submitting an application, you consent and explicitly authorise us to arrange for your connection/disconnection of the nominated utility products or services.
   • You must provide accurate, complete and up-to-date information in your application and by submitting the application you confirm that all information is accurate, complete and up to date.
   • Any application for connection/disconnection is subject to the terms and conditions of the relevant retailer and is subject to approval from the retailer. You acknowledge that we do not guarantee to its customers a connection/disconnection with any retailer.
     
     
7. Customer Information
   • In order to operate our business activities efficiently and to provide our services to you we may need to collect your personal information. You expressly authorise and consent to us using and disclosing your personal information in accordance with our Privacy Policy and these Terms.
   • We may need to disclose your information to third party partners and retailers for the purpose of providing our services and for the switching, connecting, or disconnecting of your utilities. By submitting your application, you consent to us to do so.
     
     
8. Assumptions
   • You acknowledge that in providing information or pricing about products from our retailer partners or clients, we need to make certain assumptions about our customers which include but are not limited to their energy consumption and meter types or tariffs etc. We may use your address information with third party services in order to provide more accurate information to you.
   • We may provide information to you about products or offers based on our understanding of your requirements and our industry experience. However, you must assess any product information and make your own decision as to whether a particular product is suitable for you and your requirements.
     
     
9. Customer acknowledgements about products and services
   • We do not represent all retailers in the market and therefore may not offer or discuss with you all of the products and services offered in the market or all of the products and services offered by each retailer. We are only able to offer information to our customers on the products and services which are made available to us by the retailers. We may change retailers from time to time and we do not guarantee that we can offer the product or service of any particular retailer.
   • You acknowledge that we are reliant on retailers to provide up to date pricing and product information. We are not responsible for any pricing change or product change by a retailer.
   • You are solely responsible for choosing your choice of retailer or agreeing to proceed with your nominated services/products on the website.
   • Information supplied by you is taken as bona fide and we will not verify the accuracy of the information or data supplied by you.
   • Offers shown on our website or discussed with you are based on the information provided by you and the information provided to us to use by retailers. The offers are indicative, and we do not warrant their accuracy.
   • You may be charged a cancellation fee by your existing retailer if you cancel your existing service. We recommend that you consider the costs associated with switching retailers before making the decision to do so.
     
     
10. Connections and disconnections
    • You acknowledge and consent to us gathering or seeking to gather National Meter Identifier (“NMI”) or Metering Installation Registration Number (“MIRN”) either directly or through third party partners, for the purpose of connecting your electricity and/or gas services to the supply address.
    • You acknowledge that we facilitate the connection of utility services for our customers with retailers but we are not responsible for the actual connection or disconnection of these services. We do not accept any liability for the connection or disconnection of services by retailers.
    • Energy connections and disconnections are usually carried out between Monday and Friday (working days only) between 9 am and 5 pm however we may choose to contact you during our call centre operating hours which is Monday to Friday 8:30 am to 6:00 pm AEST, Monday to Friday 8:30 am to 7pm AEDST.
    • Once a connection has been established with a retailer, you should direct any queries in relation to the products or services to the retailer, including any queries in relation to payment, debts, billing, and monitoring.
      
      
11. Assignment
    • You must not assign, transfer, sub-contract or otherwise deal with all or any part of your rights or obligations under these Terms without first obtaining our prior written consent, which will not be unreasonably withheld.
      
      
12. No Partnership
    • The Terms do not create or evidence a partnership or joint venture between us.
      
      
13. Liability
    • We exclude all implied conditions and warranties from the use of our services, except any condition or warranty (such as conditions and warranties implied by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 and equivalent State and Territory acts) which cannot by law be excluded (“Non-excludable Condition“).
    • Without limiting the provisions of these Terms, we will not be liable under any circumstances for any loss or damage of any kind (whether under contract, or otherwise) which arise from you:
      1. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website or discussed on a call with one of our representatives and/or any linked sites on the website;
      2. errors, defects or omissions on the website or on a call with one of our representatives;
      3. delays to, interruptions of or cessation of the services provided on the website or on a call with one of our representatives;
      4. acting, or failing to act, on any information contained on or referred to on the website or on a call with one of our representatives; or
      5. for any other reason permitted by law.
    • To the maximum extent permitted by law, we limit any liability for:
    • breach of any Non-excludable Condition; and
    • breach of contract caused by or contributed by a party, to the cost of re-supplying our connection services to you, if reasonably possible, or payment of the cost of a third party supplying equivalent connection services to you.
    • To the extent permitted by applicable law, neither of us will, in any circumstances, be liable to the other for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
      
      
14. Indemnity
    • You agree to indemnify us and our related bodies corporate, officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising out of or in any way connected to your breach of these Terms and any negligent or unlawful act or omission by you in connection with the services, unless such cost, expense, loss, damage or liability is caused by us or the relevant Indemnifier’s wilful default, negligence or breach of these Terms.
      
      
15. Customer obligations
    • You agree not to use the website or our services for any illegal purpose.
    • You agree not to plagiarise, translate, or reproduce, modify anything on our website without our prior written consent.
    • You agree not to harm or malign our website in any way nor do anything to disrupt or affect our services.
    • You must not use our website for any commercial purpose.
      
      
16. Commissions Fees and Disclosures
    • We will not charge you for the use of our services.
    • We receive, either directly or indirectly, commissions from retailers for successful connections. The commission that we receive is sometimes shared with third parties like real estate agents, or associated businesses who may have referred you to us or to our website.
      
      
17. Notices
    • A notice or communication to be served or given under these Terms must be in writing including without limitation service by hand delivery, ordinary, certified or registered pre-paid post.
    • The date a notice is deemed served, given and received is:
    • if delivered by hand, the day of delivery but if delivery takes place after 4:00 pm on a Business Day or on a day that is not a Business Day then it is deemed served, given and received on the next Business Day;
    • if posted, five (5) Business Days after the day it is posted. For the purposes of these Terms, “Business Day” means a day other than a Saturday, Sunday, or public holiday in Sydney, New South Wales.
      
      
18. Termination
    • We may terminate your access to our services at any time without any notice or cause for any reason. Reasons we may terminate your access to the services include where:
      1. you breach these Terms;
      2. we have ceased to provide the service, in whole or in part;
      3. our business or contractual relationships with third parties require us to do so; or (iv) we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
      4. You acknowledge that neither us, nor any other person, will have any liability to you for any reason whatsoever arising as a consequence of the termination of your access to the services.
         
         
19. Governing Law and General clauses
    • This agreement is between BeMoved Pty Ltd and the users of the website (whether individuals or businesses).
    • Our services are limited to Australia and in some cases only in a few selected states and territories of Australia.
    • These terms and conditions are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
    • If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.
    • If there is a contradiction or inconsistency between these terms and any other notices, policies, communications, or documents relating to our website or the services, these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
      
      
20. Contact us
    If you have any queries regarding these Terms, please contact us at:
    • BeMoved Pty Ltd
    • Phone: 1300 661 464
    • Email: contact@bemoved.com.au
    • Website: www.bemoved.com.au
    • Address: Level 8, 2 Bligh St, Sydney NSW 2000