1. Definitions

The following definitions apply to these terms and conditions:

• Content Standards means our content standards as set out in clause 3
• Fees means the fees payable to us under the provisions of clause 25
• Registered User means a user registered under the terms of clause 17
• User means any user of this website
• Terms means the terms set out in Part 1 (General Provisions) and Part 2 (Registered User Provisions)
• 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 EmTVan updated the reputation score and the feedback of a Supplier. The reputation score is updated whenever; a feedback is left by a customer, a customer clicks the "never leave feedback" link, or an administrator updates the reputation score manually.

2. Information about us

www.emtvan.com is a site operated in Europe. We are a limited company registered in Europe.

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:
3. Immediate, temporary or permanent withdrawal of your right to use our site.
4. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
5. Issue of a warning to you.
6. 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.
7. Further legal action against you.
8. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9. 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.

5. Intellectual property rights

1. We are the owner or the licensee of all intellectual property rights in our site, and in 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 organisation 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 licence to do so from us or our licensors.

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 without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
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 my 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 regards damages, theft or loss lies between the buyer and supplier as the subjects of the contract. EmTVan does not have jurisdiction to enforce any compensation or filing of a claim by a supplier.

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. If you wish to make any use of material on our site other than that set out above, please address your request to feedback@emtvan.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. 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.

13. Jurisdiction and applicable law

The Europe 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 Europe.

14. Use of EmTVan

No User shall acquire or use the word "EmTVan" or any variant that includes the word "EmTVan" as a trademark or any related intellectual property.

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@emtvan.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  provide transport services and we can provide a forum where potential buyers of transport services (Buyers) and businesses which provide transport services (Suppliers) can find each other.
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.
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.

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.

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:
3. The nature of the goods to be transported; and
4. The details of the transport method required to comply with all relevant laws and regulations.
5. 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. Honour a transaction contract formed with a Buyer
2. Provide the services for which payment was accepted.

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 attempt to avoid website fees, EMTVAN 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, EMTVAN will determine the deposit/fee price based on EMTVAN market value. In addition, EMTVAN will charge a 50 EURO administration fee on all transactions.
5. All Transport Providers must hold relevant insurance documents, allowing them to operate legally within their relative locations and carrying the goods quoted for. We reserve the right to spontaneously check with third party insurance companies, and our partners , to whether operators still hold valid insurance policies and licenses.

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 customers and transportation services to avoid sharing any personal contact details, specific locations and bank details via our messaging service on EMTVAN. Sensitive information can be shared privately once job sheets have been exchanged between the two parties.

24. 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. EmTVan reserve the right to remove or modify feedback left by either the buyer or supplier without prior consent of either parties.
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 provider has less than 20 pieces of feedback.
10. If at 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.

25. 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 EmTVan. 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.

26. Cancellation

1. Transport contracts are formed between Buyers and Suppliers so the negotiation and agreement of any cancellation and its consequences are matters for them. However, if the transport company cancels before any transport services has been provided the customer 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 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 fee paid should be made within 30 days of the acceptance of the bid. EMTVAN cannot 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 EmTVan. In the event that the Supplier is unable to fulfil its obligations as booked then the buyer must contact EmTVan to find an alternative Supplier, only in the event that EmTVan is unable to find an alternative will credit be considered.
3. In some circumstances, when a job is listed as flexible and the buyers job is not completed within a maximum of 2-3 weeks dependant on the selected, the listing will be removed and the prepaid deposit refunded as credit.

27. No Agency

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

28. Recommendation Functionality

1. A recommender will receive 10euro EMTVAN credit 7 days after a qualifying bid is accepted.
2. All credits issued are entirely at the discretion of EMTVAN and can be temporarily or permanently withheld if deemed appropriate. 10euro is only paid out once per user.
3. Introductory credit has no cash value. Introductory credit can be used to upgrade a listing to a featured listing or towards a deposit payment on EmTVan. Introductory credit is non-transferrable
4. Credit is applied as per EmTVan’s discretion
5. Qualifying Bid = The first bid that is accepted by a user via EmTVan.
6. Introductory credit = Funds credited to a users account by EmTVan when an account is opened.
7. One account per user.
8. Credit is non-transferrable

29. Book It Now & Set Price

1. EMTVAN will only offer a full money back guarantee for a Book It Now job posted onto the website, if the job has been posted for at least 6 hours. Any job removed from the forum within 6 hours of posting will not be subject to a refund. All jobs needs at least 6 hours to get the greatest chance of being claimed. We cannot guarantee you will be allocated a driver.
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. EMTVAN are not liable for any transactions between each party
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. Please note that, we do not offer user reward stamps for Book It Now or Set Price Jobs.

30. User Reward Stamps

1. Please note that, user reward stamps are not awarded for any jobs prior to February 3rd 2015, or for any relisted job. Rewards are applied to the following job upon completion of the original job. Rewards are at the discretion of the EmTVan team.

31. Price guarantee

1. Should a customer be able to demonstrate to us a legitimate quote received via an independent company, sourced outside of EmTVan.com, EmTVan will beat this price if it is lower than the best quote we are able to offer. EmTVan Best Price Guarantee applies to any single job placed on EmTVan.com, requesting quotes to move item(s) from one location to another. The quote comparison must be made on an identical job, to transport the same exact goods, along the same route.
2. Comparison must be to the same exact itinerary, under the same conditions and following the same exact route, including the same addresses (floor in which items are located on and to be delivered to), number of men required, packing (if required), vehicle, and cancellation policy. The best price guarantee applies to the full cost of transport, and any quote received outside of EmTVan must be all inclusive and not require additional payments upon collection or delivery – or if so, must be stated and added to the total sum of the external quote, including all taxes and fees. The guarantee is not available for quotes received via websites where the booking details are unknown or not disclosed until after purchase or quote acceptance.
3. Booking details will refer to the variables comprising a monetary quote; job distance, packaging, pick-up date/time, drop-off date/time, storage, assembly, disassembly, inventory, vehicle type.
4. This offer is only valid on 'Man And Van' and 'House Move/Removals' listings, and does not apply to; food items, parcels smaller than 1m3 , car and vehicle transportation, motorbike transportation, piano moves, specialist items and antiques, freight and pallet, clearance jobs, boat moves, office removals, industrial jobs, livestock and pets & man-power only. This offer is only valid once for each customer or company body, and cannot be used in conjunction with any existing discounts or promotions. EmTVan has the right to judge any item unfit for a price guarantee.
5. In any case, where the customer may have found a cheaper quote elsewhere which meets the above criteria, EmTVan guarantees to beat the quote with one of our drivers, inclusive of the deposit amount paid to EmTVan. "Beat" would infer offering a cheaper price than the external supplier; however small a reduction.
6. External quotes must include (if applicable); shipping fees, transportation costs, labour costs, storage fees.
7. The Best Price Guarantee only applies to prices both advertised and available to the general public or on a website directed at consumers.
8. All requests for the best price guarantee are subject to verification by EmTVan.com. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify or fulfill any request that we believe, at our sole discretion, is the result of a printing or other misleading error, or is made fraudulently or in bad faith. The request date, when referring to a general or furniture delivery listing, will need to be requested with at least seven working days prior to the requested pickup date; whereas a house move listing should be requested fifteen working days prior to the requested pickup date - both excluding UK bank holidays.
9. We reserve the right in our sole discretion to modify or discontinue the best price guarantee or to restrict its availability to any person, at any time, for any reason, and without prior notice or liability to you. The terms on the EmTVan.com website will determine your eligibility under the best price guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision. The terms of the Best Price Guarantee are governed by law.