1. Definitions

The following definitions apply to these terms and conditions:

• “Buyer” means a person who is a Registered User and has posted a request for transportation of goods (not people) on this site.
• “Content Standards” means our content standards as set out in clause 3.
• “Fees” means the fees payable to us under the provisions of clause 26.
• “Registered User” means a user registered under the terms of clause 17.“Registered User” means a user registered under the terms of clause 17.
• “Supplier” means a Registered User who has submitted a quotation regarding the request for transportation of goods (not people) posted by the Buyer on this site.
• “User” means any user of this website (including, but not limited to, any Buyer or Supplier).
• “Terms” means the terms set out in Part 1 (General Provisions), Part 2 (Registered User Provisions) and, as applicable, the Business Terms.
• Reputation score is a score based on Buyer feedback from previous jobs, representing the trustworthiness of a Supplier on a scale of 0 to 100.
• Last reputation score update time refers to the last time AnyVan updated the reputation score and the feedback of a Supplier. The reputation score is updated whenever: (1) feedback is left by a customer; (2) a customer clicks the "never leave feedback" link; or (3) an administrator updates the reputation score manually.

2. Information about us

www.anyvan.com/us is a site operated by AnyVan Shipping Limited ("We"). We are a limited company registered in England and Wales under company number 16372690 and have our registered office at 5th floor - The Triangle, 5-17 Hammersmith Grove, London W6 0LG.
Our main trading address is 5th floor - The Triangle, 5-17 Hammersmith Grove, London W6 0LG.

3. Accessing our site

4. Suspension and termination

1. We retain the right to determine whether there has been a breach of these Terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
2. A material breach may result in our taking all or any of the following actions:
   1. Immediate, temporary or permanent withdrawal of your right to use our site.
   2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
   3. Issue of a warning to you.
   4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
   5. Further legal action against you.
   6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3. We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action.
4. We may, at our sole discretion, restrict, suspend or terminate your access to and/or use of the site without prior notice where:
   1. there is a regulatory or statutory change limiting our ability to provide access to the site;
   2. there is any event beyond our reasonable control preventing us from providing access to the site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
   3. we consider that you are abusing the site or are otherwise acting in violation of these Terms.

5. Intellectual property rights

1. We are the owner or the licensee of all intellectual property rights on our site (including, without limitation, photographs and graphical images), and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
6. Except as agreed otherwise, any use of extracts from the site other than in accordance with clause 5 is prohibited, and if you breach clause 5, your permission to use the site automatically terminates and you must immediately destroy any downloaded or printed extracts from the site.

6. Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

7. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

8. Our liability

The material displayed on our site is provided “as is” and without any guarantees, conditions or warranties, whether express or implied, as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

1. All conditions, warranties, whether express, implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising out of course of dealing, usage, or trade.
2. Any liability for any direct, indirect or consequential loss, damage or theft incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site. Any websites linked to it, and any materials posted on it; including, without limitation any liability for loss or income or revenue; loss of business, loss of profits or contracts; loss on anticipated savings; loss of data ; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss damage or theft to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
3. Location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.
4. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
5. Any responsibility for any claims regarding damages, theft or loss lies between the Buyer and Supplier as the subjects of the contract. AnyVan does not have jurisdiction to enforce any compensation or filing of a claim by a Supplier.

To the extent permitted by applicable law, AnyVan’s total cumulative liability to you or any third-party arising out of or in connection with the site, your use of the site or these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the Fees paid by you to AnyVan in the twelve (12) months preceding the claim. The parties agree that this section represents a reasonable allocation of risk.

9. Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10. Uploading material to our site

1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty.
2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
3. You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
5. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.

11. Linking to our site

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.
4. You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 11.
5. If you wish to make any use of material on our site other than that set out above, please address your request to feedback@anyvan.com.

12. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. If you use these links, you leave the site. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk.

13. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14. Use of AnyVan

No User shall acquire or use the word "AnyVan" or any variant that includes the word "AnyVan" as a trademark or any related intellectual property. You may not identify yourself as an employee, business partner, franchisee, franchisor, representative, or agent of AnyVan. You may not wear a uniform or any other apparel displaying AnyVan’s names, logos or colors.

Except as provided otherwise under the Terms, you retain the sole right to determine when, where, and for how long you will use our site. AnyVan does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to use our site. Except as provided otherwise under the Terms and subject to our then-applicable policies, you retain the option to accept or to decline or ignore another User’s request via the site. AnyVan does not, and shall not be deemed to, require you to accept any specific request for services as a condition of maintaining access to the site. You acknowledge and agree that you have complete discretion to provide or request moving or logistics services to or from other people or companies, and that AnyVan does not, and shall not be deemed to, restrict you from engaging in any such activity.

15. Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.

16. Your concerns

If you have any concerns about material that appears on our site, please contact report@anyvan.com.

17. Registration

Registered Users must:

1. be at least 18 years old; and
2. always provide valid and complete contact information and must always have a valid email address
3. Registered Users may not misrepresent their identities.
4. We reserve the right to reject your registration at any time and for any reason and without notice to you.
5. If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering.

18. Our Status

1. We do not provide any transport services whatsoever. Our role is to provide a forum where potential buyers of transport services (Buyers) and businesses which provide transport services (Suppliers) can find each other. We assume no responsibility for claims made by Suppliers with respect to their licenses, insurance, registration, membership or trade association or any other claim made at any point during the transaction or quoting process.
2. It is the role of the parties to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. We do not carry out vetting of any Registered Users and therefore do not provide any assurances as to the ability of a party to perform its obligations under a contract and, as a result, We make no representations or warranties as to the other Registered User.
3. Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to the terms and conditions of that Supplier or other terms as agreed between the parties. Parties should review any terms and conditions applying to the transaction.
4. No employment, joint venture, partnership, or agency relationship exists between you, AnyVan, or any Affiliate of AnyVan as a result of these Terms or you otherwise using the site or any of the services AnyVan provides or facilitates.

19. Use of the Site

The Site operates as follows:

1. Buyers will post on the site requirements they have for transport services (“Buyer Listing”).
2. Transport providers will be able to offer their services on their own terms in response to any Buyer Listing (“Bid”). Bids become legally binding contracts, on their full original terms, once accepted by a Buyer.
3. Buyer Listings and Bids (together “Submissions”) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.
4. We cannot guarantee how quickly Submissions will be posted on the Site.
5. We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.

YOU SPECIFICALLY ACKNOWLEDGE THAT ANYVAN DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY SUPPLIERS WHO ARE NOT EMPLOYED BY ANYVAN OR ANY OF ITS AFFILIATES.

20. Submissions

1. Submissions may not relate to the transport of any goods whose transport is prohibited by law.
2. Submissions that relate to the transport of hazardous goods or other goods, including animals, whose transport is restricted by law may only be made if those goods are packaged correctly, and the Submission states clearly:
   1. The nature of the goods to be transported; and
   2. The details of the transport method required to comply with all relevant laws and regulations.
3. Full responsibility for compliance with any laws and regulations in relation to the transport of any hazardous or restricted goods lies with the parties to that agreement. Parties transporting goods in breach of any such laws or regulations may be subject to regulatory and/or criminal penalties.

21. Contact Details

Registered Users are not permitted to include contact information for the purpose of soliciting sales outside the site.

22. Rules for Suppliers

22.1 Suppliers must:

1. Honor a transaction contract formed with a Buyer;
2. Provide the services for which payment was accepted; and
3. Include all taxes and fees payable by the Buyer for the transport services in any Bid, excluding any import or export duty payable on the goods transported.

22.2 Suppliers must not:

1. Bid against their own Bid, or have associates, or employees do so.
2. Significantly misrepresent their services by not meeting the terms and services description outlined in the Bid.
3. Refuse to accept payment for a service if their Bid is accepted; excluding extenuating factors within the boundaries of the law.
4. Attempt to contact Buyers directly or make their business identity or contact information available to Buyers by the use of photographs, images, text or logos. In the event of a transport provider bypassing the website, or placing fabricated Bids in an attempt to avoid website fees, AnyVan reserves the right to charge the equivalent to what the fee should have been based on the agreed amount. If no Bid has been placed or price agreed, AnyVan will determine the deposit/fee price based on AnyVan market value. In addition, AnyVan will charge a $10 administration fee on all transactions.
5. All Suppliers must hold all required and otherwise relevant insurance documents, allowing them to operate legally within their relative locations, employ any employees whom they utilize, provide any services they provide, and carry the goods quoted for. We reserve the right to spontaneously check with third party insurance companies, to confirm whether Suppliers still hold valid insurance policies and licenses. Suppliers shall secure at their own expense and continuously maintain with insurance companies in good standing, reasonably acceptable to AnyVan and having an A.M. Best Insurance Reports rating of A-VII or better such insurance as will protect AnyVan Indemnitees from liability and claims for personal injuries and damages which may arise out of or result from a transaction in the following minimum amounts:
   1. Auto Liability with limits not less than $1,000,000 per incident.
   2. Workers’ Compensation that complies with all applicable workers’ compensation laws.
   3. General Liability with limits not less than $1,000,000 per incident including full replacement value of all property transported by you.
   4. Employer’s Liability with limits not less than $1,000,000 per incident.
   5. Hazardous Materials insurance covering hazardous materials including but not limited to asbestos with limits not less than $1,000,000 per incident.
6. If you are a Supplier, you acknowledge and agree that you and any of your employees:
   1. Are customarily engaged in an independently established trade, occupation, or business of the same nature as the services you are offering through AnyVan’s site;
   2. Are solely responsible for any expenses you incur in performing the services (except as expressly provided otherwise under the Terms);
   3. Do not receive any tools or equipment furnished by AnyVan for performing the services;
   4. Are not required to furnish services or use the AnyVan site during any particular hours of the day;
   5. Are an independent contractor of AnyVan;
   6. Hold all licenses, registrations, and insurance required by applicable law;
   7. Obtain any Bill of Lading or other documentation required to ship vehicles inter-state, and maintain all registrations required to operate across state lines; and
   8. Are not prohibited by AnyVan from engaging in any other occupation or business.

23. Rules for Buyers

Buyers must not:

1. Submit their own Bids to decrease Bids made by Suppliers. Users bidding for the provision of services must be wholly independent from the Buyer of those services.
2. Neither Buyers nor Suppliers may interfere with a transaction or offer to buy or supply transport in response to a Buyer's Listing outside of the site.
3. We strongly advise Buyers and Suppliers to avoid sharing any personal contact details, specific locations and bank details via our messaging service on AnyVan. Sensitive information can be shared privately once job sheets have been exchanged between the two parties. We advise that each party confirm the identification of the other party being engaged with.
4. We advise Buyers to properly pack and secure any valuables being transported.

24. Indemnification

1. AnyVan and its Affiliates, owners, principals, officers, employees and agents shall be referred to, collectively, as “AnyVan Indemnitees.” “Affiliate” means any entity that directly or indirectly owns or controls, is owned or controlled by, or is under the common ownership or control with a party, where ownership or control is denoted by having more than fifty percent (50%) of the voting power (or equivalent ownership interest) of the applicable entity.
2. You agree to and shall indemnify, defend (with legal counsel reasonably acceptable to AnyVan Indemnitees) and hold AnyVan Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from (1) any misrepresentation by, or breach of any covenant or warranty of by you contained in these Terms or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by you hereunder; or (2) any acts or omission by you and/or your Affiliates, owners, principals, officers, employees and agents. The foregoing indemnification shall expressly include personal injury and damage to property.
3. If any lawsuit, enforcement action or any attempt to collect on an alleged liability is filed against any AnyVan Indemnitee on the bases described hereinabove, written notice thereof shall be given by the AnyVan Indemnitee(s) to you within ten (10) business days after receipt of notice or other date by which action must be taken; provided, however, that the failure of any AnyVan Indemnitee to give timely notice shall not affect its rights to indemnification hereunder except to the extent that you demonstrate damage caused by such failure. After such notice, you shall be entitled, if you so elect, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of your own choice to handle and defend the same, at your reasonable cost and expense. The AnyVan Indemnitee(s) shall cooperate in all reasonable respects, at your cost and expense, with you and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. You shall not, without the prior written consent of the respective AnyVan Indemnitee(s), effect any settlement of any proceeding in respect of which the AnyVan Indemnitee(s) is/are a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by you and includes an unconditional release of the AnyVan Indemnitees from all liability on claims that are the subject matter of such proceeding.

25. Feedback

1. We will not be obliged to provide any Registered User with due diligence on any other Registered User.
2. For each transaction, Buyers and Suppliers can choose to rate each other by leaving feedback. Buyers and Suppliers can leave a positive, negative, or a neutral rating, plus a short comment.
3. These ratings are used to determine Feedback Scores. In most cases, Users receive:
   • +1 point for each positive rating
   • No points for each neutral rating
   • -1 point for each negative rating
4. Suppliers are not permitted to include in their Bids or terms of sale any conditions that limit or restrict the Buyer from leaving feedback.
5. Buyers are not allowed to threaten Suppliers with negative feedback or neutral Feedback in order to obtain goods or services not included in the original Buyer Listing.
6. Suppliers may not require Buyers to leave specific feedback. Suppliers may not demand that Buyers withdraw existing feedback. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the original Buyer Listing.
7. Feedback comments must comply with rules on feedback listed on the site. AnyVan reserves the right to remove or modify feedback left by either the Buyer or Supplier without prior consent of either party.
8. Reputation score is a score based on Buyer feedback from previous jobs, representing the trustworthiness of a Supplier on a scale of 0 to 100.
9. The reputation score of Suppliers is calculated via a formula rounded to the closest integer. This formula to round means 100 multiplied by a fraction, where the numerator is the total number of positive feedbacks since launch, and the denominator is the total number of negative feedbacks added to the total number of positive feedbacks since launch, as per the last updated score. This rule applies if a Supplier has less than 20 pieces of feedback.
10. If, since the last reputation score update time, the total number of positive and negative feedbacks left on the specific Supplier between last reputation score update time and 12 months before last reputation score update time were not less than 20, we calculate a more up-to-date reputation score until the next update. We calculate reputation score from a rounded formula. This formula to round means 100 multiplied by a fraction, where the numerator is the total number of positive feedbacks between last reputation score update time and 12 months before last reputation score update time. The denominator is the total number of negative feedbacks added to the total number of positive feedbacks both between last reputation score update time and 12 months before last reputation score update time.
11. A reputation score cannot exceed 100 of which if the figure is calculated as a decimal it will be rounded down to 99 if any Buyer left a negative feedback on that particular Supplier between last reputation score update time and 12 months before last reputation score update time. If a Supplier has completed more than 20 jobs over a period of 12 months negative feedback will be reflected within the percentage as per the last feedback update.

26. Fees

1. The site is free to use for Buyers. A deposit fee (“Deposit”) is payable by a Buyer when a Bid is accepted. The Deposit amount payable is deducted from the total value of the Bid displayed to the Buyer upon acceptance. The outstanding balance due is to be paid by the Buyer directly to the Supplier in accordance with the terms and in a manner as agreed between both parties.
2. The deposit is a percentage of the transportation costs agreed between the two parties or a minimum fee, whichever is greater (dependent upon external factors, i.e. source of listing).
3. We may voluntarily waive our right to receive a Deposit in certain circumstances, but any such waiver is entirely discretionary and without accepting any legal obligation to do so.
4. On accepting any Bid the Buyer must pay the Deposit to AnyVan. We receive this Deposit as agent for the Buyer.
5. Suppliers are responsible for the collection and payment of all VAT associated with the supply of services to Buyers.
6. We may suspend, waive or change the method of calculation or rates of Fees at any time, either permanently or for any limited promotional or other period. Any changes will be described on the Site.

27. Cancellation

1. Transport contracts are formed between Buyers and Suppliers, so the negotiation and agreement of any cancellation and its consequences are matters to be resolved by the Buyer and Supplier. However, if the Supplier cancels before any transport services has been provided the Buyer can then wish to recover their Deposit or Fee by making a request to us for repayment. No request should be made within 7 days of the date of acceptance of the Bid or until reasonable attempts have been made to agree upon the terms of cancellation directly.
2. We will review all cancellation requests. If appropriate, the cancelled transport requirement will be relisted on the site or deleted from it. The Deposit or the Fee may be refunded at our sole discretion. Any request for a refund of the Deposit or Fee paid should be made within 30 days of the acceptance of the Bid. AnyVan shall not be liable for requests outside this timeframe. No cash refund will be provided once the Buyer has received the contact details of the Supplier via AnyVan. In the event that Supplier is unable to fulfil its obligations as booked, then the Buyer must contact AnyVan to find an alternative Supplier, only in the event that AnyVan is unable to find an alternative Supplier will credit be considered.
3. In some circumstances, when a job is listed as flexible and the Buyer’s job is not completed within a maximum of 1-2 weeks, the listing will be removed and the prepaid deposit refunded as credit.

28. No Agency

Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between AnyVan and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with AnyVan.

29. User Reward Stamps

1. Please note that user reward stamps are not awarded for any relisted job. Rewards are applied to the following job upon completion of the original job. Rewards are at the discretion of the AnyVan team.