Terms and Conditions
These Terms and Conditions (“T&Cs”) govern the legal status of, and the legal relationship between, the following parties:
- Marble iVentures AG, CHE-424.751.702 (“Muvzilla”), on the one hand; and
- the client or principal (“Sender”) and the transport service provider, agent or carrier (“Transport Partner”), respectively, on the other side.
Muvzilla (as agent) and the Sender (as principal) enter a contractual relationship. Furthermore, Muvzilla (as principal) and Transport Partner (as agent) enter a contractual relationship. There is no contractual relationship between Sender and Transport Partner, unless otherwise defined.
2 Conclusion And Termination Of Contract
With the access or use of a website owned by Muvzilla or an app owned by Muvzilla, a legally binding contractual relationship is established between the Sender or Transport Partner, as the case may be, and Muvzilla in accordance with these T&Cs.
Senders and Transport Partners (each an “Account Holder”) may create a sender or transport partner account (each an “Account”).
The contractual relationship shall be terminated by closing the respective Account.
3 Scope Of Application
The T&Cs apply to all websites owned by Muvzilla (each a “Muvzilla Website”, together “Muvzilla Websites”), all apps owned by Muvzilla (each a “Muvzilla App”, together “Muvzilla Apps”) and all other services provided by Muvzilla (together “Muvzilla Services”)
4 Changes Of T&Cs
Muvzilla may make minor changes to the T&Cs at any time without informing the Account Holder. Changes will be effective upon Muvzilla’s posting of such updated T&Cs on muvzilla.ch.
Significant changes to the T&Cs will be displayed to the user for confirmation when logging into the Account. In any case, the updated T&Cs shall be deemed accepted if no objection is notified to Muvzilla in writing within five (5) working days.
5 Right To Use The Muvzilla Services
5.1 Personal Requirements
In general, the Muvzilla Services are available to all natural persons and legal entities with unlimited capacity to act.
5.2 Right of Refusal and Deactivation
Muvzilla reserves the right to refuse registrations without justification. In addition, Muvzilla may, at any time, block Accounts, restrict services or prohibit their use by stating objective reasons. Objective reasons in the sense of this provision include, but are not limited to, the violation of the T&Cs. In general, in the case of minor violations, the Account Holder will be admonished.
6 Obligation Not To Compete
Sender and Transport Partner that are linked through the Muvzilla Services may not enter into any contractual relationship with each other, which includes the provision of transport services in the area of activity of Muvzilla. Within six (6) months after termination of the contractual relationship with Muvzilla, neither the Sender nor the Transport Partner may enter into contractual relationships with Senders or Transport Partners of Muvzilla that include the provision of transport services in the area of activity of Muvzilla. In the event Sender or Transport Partner breaches the obligation not to compete, the breaching party shall pay to Muvzilla liquidated damages in the amount of CHF 500 for each individual breach. The right to claim damages is reserved. The payment of liquidated damages and/or additional compensation for damages does not release the breaching party from further complying with the obligation not to compete.
7 Obligation To Use The Muvzilla Services
The communication between Sender and Transport Partner must take place via Muvzilla. Direct communication between Sender and Transport Partner is prohibited unless Muvzilla agrees to it upon request by Sender and Transport Partner.
In the event Sender or Transport Partner breaches the obligation regarding the communication channel, the breaching party shall pay to Muvzilla liquidated damages in the amount of CHF 100. The right to claim damages is reserved. The payment of liquidated damages and/or additional compensation for damages does not release the breaching party from further complying with the obligation regarding the communication channel.
The communication between Muvzilla and the Account Holder takes place in principle by e-mail to the e-mail address stored in the Account, by text messages to the mobile phone number stored in the Account or by chat messages through the Muvzilla Services. Information sent through these communication channels is deemed to have been read by the Account Holder and is binding. Disadvantages resulting from disregard of this provision shall be borne by the Account Holder
8 Management Of Damages
With their signature in the Muvzilla App, the Sender and Transport Partner confirm the perfect condition of the goods to be delivered or delivered. The information entered in the Muvzilla App is relevant. Disadvantages resulting from disregard of this regulation shall be borne by the Transport Partner.
Damage claims are to be handled by Muvzilla and not in direct contact between Sender and Transport Partner, unless Muvzilla agrees in writing. If a case of damage is handled without the involvement and without the written consent of Muvzilla, Muvzilla reserves the right to refrain from any assistance regarding the damage claims.
8.3 Fee for Damage Management
Muvzilla reserves the right to charge a fee for the management of damage claims.
9 Account For Sender And Transport Partner
Muvzilla reserves the right to charge a fee for the management of damage claims.
9.1 Account Usage and Management
The use and management of the Account is free of charge.
9.2 Completeness and Accuracy of Data
By using the Muvzilla Services, the Account Holder confirms that he/she meets the personal requirements according to clause 5.1 and 15.1 or 16.1 and that all information provided by him/her in the course of using the Muvzilla Services is true and up to date. Muvzilla reserves the right to request further information at any time.
The Account Holder is responsibility for the completeness and accuracy of the information in the Account. Any additional expenses incurred by Muvzilla due to incompleteness or inaccuracy of information will be charged at an hourly rate of CHF 150. Credits will only be made if the bank account details are correctly deposited.
9.3 Liability for Account Activity
The Account Holder is liable for all activity performed in the account, regardless of the effective user.
10.1 Storage of Data
The Account Holder shall keep all Login data to the Account in safe custody and shall not pass on such Login details to third parties.
10.2 Usage of Data
All information obtained in the course of using the Muvzilla Services, such as information about Transport Partners, Senders or transport orders, may only be used in the course of using the Muvzilla Services, is considered confidential and must be kept in safe custody. In particular, no such data may be used for advertising or market research purposes or passed on to third parties.
In the event of breach of this confidentiality obligation, the breaching party shall pay to Muvzilla liquidated damages in the amount of CHF 500 for each individual breach. The right to claim damages is reserved. The payment of liquidated damages and/or additional compensation for damages does not release the breaching party from further complying with the confidentiality obligation.
12 Rates And Fees
The rates and fees indicated on the Muvzilla Websites and in the Muvzilla Apps apply. Deviating agreements must be in writing to be valid.
All prices listed in the T&Cs are inclusive of VAT.
Subject to liability for death or personal injury caused by the negligence of Muvzilla, fraud or fraudulent misrepresentation, willful intent, gross negligence, or any other liability which may not be excluded by law, Muvzilla shall have no liability for any direct, indirect damages, or losses suffered in connection with these T&Cs, unless otherwise stipulated in these T&Cs. Muvzilla shall further not be held liable for any loss of use, interruption of business, loss of goodwill, lost profits, loss or corruption of data, loss of anticipating savings, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of the claim, whether in contract, equity, tort (including negligence), or otherwise.
Muvzilla shall not be liable for any incorrect or special orders, whether verbal or written, given by the Sender of the goods, with regard to incorrect or missing data transmission, incorrectly marked goods, depositing of goods at the recipient’s premises at the request of the Sender, etc. All associated risks due to incorrect transport orders to Muvzilla are the responsibility and liability of the Sender of the goods.
13.2 Functionality of Muvzilla Services
Muvzilla does not warrant the unlimited functionality of the Muvzilla Services in terms of content and time. Muvzilla reserves the right to temporarily restrict the functionality of the Muvzilla Services at any time for maintenance purposes or to put them out of operation.
13.3 No Obligation to Review
Muvzilla is not obliged to check the content of transport orders or information provided in the Account and is not liable for incomplete or incorrect information provided by the Account Holder.
14 Applicable Law And Jurisdiction
These T&Cs and any dispute or claim arising out of or in connection therewith, shall be governed by and construed in accordance with Swiss Law, under exclusion of its conflict of law rules and the provisions of the Vienna Convention on the Sales of Goods.
The Parties hereby irrevocably submit to the jurisdiction of the ordinary courts in Zurich, Switzerland, and, at Muvzilla’s choice, to the ordinary courts at the Account Holder’s domicile with regard to any dispute arising out of or in connection with these T&Cs.
15Further Terms For Senders
Sender can be any natural person and legal entity with unlimited capacity to act who is domiciled or resident in Switzerland
15.2Requirements for Cargo
The Sender must have the rights of disposal over the cargo, including contents, packaging, labelling and loading equipment, from the time the order is transmitted until the time of collection.
It is not permitted to send the following goods:
- goods which are exposed to an increased risk of theft or robbery (e.g. cash, jewelry and works of art);
- goods which are prohibited by law or are immoral;
- goods which are hazardous to health, if not declared and packaged in accordance with the law;
- goods which are unsuitable for road transport for other reasons;
- explosives and objects containing explosives (goods of hazard class 1)
15.3Entry of Transport Orders
Transport orders must be transmitted to Muvzilla either via the Muvzilla Website or the Muvzilla App. The placing of orders outside of these channels, in particular the direct placing of orders to the Transport Partner, is prohibited.
Individual transport orders that violate the T&Cs or the law, that are formulated in an unclear manner, that do not correspond to the customary practice in the industry or that were entered in bad faith, may be adapted or cancelled by Muvzilla at any time. Muvzilla shall not be liable for any disadvantages resulting therefrom.
15.4Information on Transport Orders
The Sender shall provide all information relevant for the transport order as requested on the Muvzilla Website or the Muvzilla App
This information may include, in particular, the information on pick-up and delivery location, information on the number of packages, information on the number of manpower ordered, packaging, weight, mass, content and stack ability of the packages and the delivery time. In the case of special consignments, this information may also include, in particular, details of value (in the case of valuable packages), information regarding fragile, perishable or otherwise sensitive packages and information regarding dangerous goods.
Disadvantages for the Sender, Transport Partner and/or recipient resulting from omissions or inaccuracies in the above information shall be borne by the Sender. Notably, the information on the number of manpower ordered must be accurate. Otherwise, Transport Partner may refuse collection of the cargo and charge full Transport Price as defined under Clause 15.10 or use additional manpower and charge the Sender for any costs incurred.
Muvzilla reserves the right to adjust transmitted transport orders and to charge the Sender for any costs incurred.
The weight is calculated according to the gross weight, which includes loading equipment and packaging.
15.4.3 Several Pick-up and/or Delivery Locations
If there is more than one pick-up and/or delivery location, these are each considered to be separate pick-up and/or delivery locations and must be recorded as a single transport order.
15.4.4 Dangerous Goods
The sending of dangerous, legally prohibited or immoral cargo is prohibited. Muvzilla reserves the right to cancel corresponding transport orders and to inform the competent authority. All disadvantages resulting from this shall be borne by the Sender.
15.5 Provision of Cargo at Pick-Up Location
The timely and accessible provision of the cargo at the pick-up location is the responsibility of the Sender. The reasonable time required by Transport Partners from the time of arrival at the Sender premises as indicated on the Muvzilla Services is free of charge. If the reasonable amount of time is exceeded, the Sender may be charged based on a fee per minute as indicated on the Muvzilla Services.
In the event of the impossibility of collection by the Transport Partner for reasons for which the Sender is responsible, the Sender shall bear the costs of any additional expenses incurred.
15.6 Receipt of Cargo at Delivery Location
The timely and accessible receipt of the cargo at the delivery location is the responsibility of the Sender. Excessive expenditure is calculated according to Clause 15.5.
Delivery is made to the premise as indicated in the transport order, provided that the access route is suitable for transport by delivery vehicle and provided that the building structure allows such delivery (e.g. door size and staircase). It is the responsibility of the Sender to clarify in good time whether the above conditions are met and, if not, to inform Muvzilla in good time.
If additional aids are required for delivery (e.g. a façade lift) or if access is difficult (e.g. due to long walking distances), Sender must inform Muvzilla in good time.
In the event of the impossibility of delivery by the Transport Partner for reasons for which the recipient is responsible, the Sender shall bear the costs of any additional expenses incurred.
15.7Cancellation of Transport Orders by Sender
A transmitted transport order can be cancelled free of charge up to 24 hours prior to the intended pick-up time or until a Transport Partner accepts the transport order, whichever occurs last. Afterwards, your credit card or digital wallet account will be charged in the amount of 20% of the applicable Transport Price.
If the Transport Partner attempts to fulfill the transport order but fails to do so for reasons out of the Transport Partner’s or Muvzilla’s control, your credit card or digital wallet account will be charged in the amount of 50% of the applicable Transport Price.
Muvzilla shall not be liable for loss, destruction (total or partial) and/or damage to the goods and for delay if such loss, destruction, damage or delay was caused by the inherent nature of the goods or by a fault or instruction of the Sender or the recipient or was due to circumstances which could not have been avoided by a diligent Transport Partner.
Muvzilla shall only be liable for loss, destruction (in whole or in part) and/or damage to the goods up to a maximum of CHF 500. In case of delays, liability is limited to damage to the goods up to a maximum of 25% of the transport price, but a maximum of CHF 500.
Muvzilla declines any liability for incorrectly placed orders by the Sender with regard to incorrect or missing data. Should the Sender or recipient give special instructions for the pick-up or delivery of the cargo, Muvzilla rejects any consequential damages regarding loss of goods, delays etc. and reserves the right to charge the Sender for all resulting expenses.
The Sender agrees to indemnify, defend and hold Muvzilla harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and expenses, related to Sender’s violation of the T&Cs, his/her violation of rights of third parties or his/her use of the Muvzilla Services.
15.10Transport Price and Payment
The transport price is calculated on the basis of the information provided by the Sender regarding the transport order and the rates and fees indicated on the Muvzilla Websites and in the Muvzilla App, including VAT (“Transport Price”).
In the event that the information on the cargo is incorrect, Muvzilla reserves the right to adjust the transport order within the scope of the additional expenditure incurred without consulting the Sender.
Payment occurs via credit card or digital wallet (Apple Pay, Google Pay or Paypal). The Sender must provide information on the credit card or the digital wallet used upon submission of the transport order. Muvzilla will place a temporary hold on the credit card or digital wallet account used in the amount equal to the Transport Price. Upon verification by the Sender and the Transport Partner that the transport order is performed, the Sender may select to pay an additional gratuity (“Tip”) to the Transport Partner and the credit card or digital wallet used will be charged for the sum of the Transport Price, any Tip, and the fees for any additional services requested.
All payments must be made through the Muvzilla Services. Direct payment from Sender to Transport Partner is prohibited unless Muvzilla agrees to it upon request by Sender and Transport Partner.If the credit card or digital wallet of the Sender is declined, Muvzilla may cancel the transport order.
16Further Terms For Transport Partners
Transport Partner can be any legal entity who is domiciled in Switzerland, who has a permit for road transport issued by the Federal Office of Transport (FOT) and who fulfils the relevant legal requirements. The Transport Partner is responsible for compliance with these legal provisions.
In addition, the Transport Partner is obliged to take out a carrier’s liability insurance with a cover amount in the usual and appropriate amount.
16.2.1Acceptance of Transport Orders
Transport Partner accept transport orders from Muvzilla via the administration dashboard on the Muvzilla Websites (“Muvzilla Website Dashboard”), the Muvzilla app for Transport Partners (“Muvzilla Manager App”) or the Muvzilla app for drivers (“Muvzilla Agent App”). The accidental acceptance of transport orders must be immediately communicated to Muvzilla in writing.
Muvzilla does not guarantee any number of transport orders available for acceptance by Transport Partners.
16.2.2Duty of Care
By accepting the transport order, the Transport Partner confirms that he/she will comply with all relevant legal and technical requirements and that he/she will treat the cargo with due care. A violation of this provision may lead to the loss of the right to remuneration and to liability for damages.
The Transport Partner shall inspect the goods upon pick-up for defects and record these on the Muvzilla Website Dashboard, the Muvzilla Manager App or the Muvzilla Agent App. The Sender shall sign such record.
16.2.4Exclusion of Remuneration
Muvzilla does not pay any remuneration for transport orders that have not been carried out in accordance with the obligations under this Clause 16.2.
If the Transport Partner accepts a transport order which requires special insurance, he/she shall take out such insurance in good time. In the event of failure to do so, the Transport Partner is fully liable. A liability of Muvzilla is excluded in any case
It is prohibited to subcontract the transport order to third parties. In case of violation, the Transport Partner loses his/her claim for remuneration of the corresponding transport order. Muvzilla reserves the right to claim damages.
16.2.7Cancellation of Transport Orders
Muvzilla can cancel transport orders accepted by the Transport Partner at any time. To the extent permitted by law, the Transport Partner has no right to remuneration.
16.2.8Refusal of Collection or Acceptance of Cargo
If collection or acceptance of the cargo at the pick-up or delivery location is refused or otherwise hindered, the Transport Partner is obliged to immediately contact Muvzilla
16.2.9Delivery Only According to Instruction
The Transport Partner shall only deposit the cargo at the delivery location as explicitly instructed in the transport order. Furthermore, the Transport Partner shall not hand over the cargo to a person not designated in the instructions of the transport order. If the Transport Partner fails to comply with this clause, he/she shall be fully liable for any loss or damage to the cargo.
16.3Cancellation of Transport Orders by Transport Partner
The Transport Partner may cancel transport orders through the Muvzilla Services free of charge up to 48 hours to the pick-up time. If cancellation occurs less than 48 hours to the pick-up time, Muvzilla will charge a cancellation fee of CHF 50 per cancelled transport order. In addition, the Transport Partner will be charged for any additional expenses incurred by the cancellation.
16.4Transport Fee and Remuneration
16.4.1Calculation of Transport Price
The transport price is calculated by the information entered by the Sender in the transport order. If this information is not accurate, the Transport Partner shall enter the accurate information on the Muvzilla Website Dashboard, the Muvzilla Manager App or the Muvzilla Agent App. Compensation for additional expenses not noted on the Muvzilla Website Dashboard, the Muvzilla Manager App or the Muvzilla Agent App is excluded.
Any misrepresentation, such as changes to the transport order, which are not accurate and may lead to a higher remuneration, is prohibited and Muvzilla reserves the right to take criminal action.
The remuneration includes all cash benefits to which the Transport Partner is entitled.
The remuneration as indicated on the Muvzilla Website Dashboard, the Muvzilla Manager App or the Muvzilla Agent App is a point of reference and not binding, as the information on the quantity of cargo entered in the transport order, based in which the transport price is calculated, is not binding. There is no claim to exact remuneration based on the information indicated on the Muvzilla Website Dashboard, the Muvzilla Manager App or the Muvzilla Agent App.
The Transport Partner may carry out the transport order through drivers acting as an auxiliary person of the Transport Partner.
The responsibility for the selection, instruction and supervision of the drivers with regard to the transport order and the use of the Muvzilla Website Dashboard, the Muvzilla Manager App or the Muvzilla Agent App, as well as for the compliance with all legal obligations required of them, lies with the Transport Partner. The Transport Partner is liable for all damages resulting from a violation of these T&Cs in general, and of this Clause 16.5 specifically, by its drivers.
16.5.2Obligation to Create Drivers Profile and Use the Muvzilla Drivers App
Every driver shall create a drivers profile on the Muvzilla Drivers App, add a profile picture according to the specifications in the Muvzilla Drivers App and use it for all transports executed for Muvzilla.
If a transport order is carried out without or with insufficient use of the Muvzilla App, the Transport Partner loses his/her claim for remuneration of the corresponding transport order.
The device on which the Muvzilla App is installed must be connected to the internet during the execution of the transport order.
In the event of loss, destruction (in whole or in part) and/or damage to the goods, the Transport Partner shall be liable up to the value of the transported goods. In addition, the Transport Partner shall be liable for any costs incurred by Muvzilla due to the event of loss, destruction (in whole or in part) and/or damage to the goods.
The Transport Partner is not liable if he/she proves that the loss or destruction was caused by the natural condition of the goods or by a fault or instruction of the Sender or the recipient or was due to circumstances which could not have been averted by the diligence of a prudent Transport Partner.
Muvzilla reserves the right to reduce the remuneration of the faulty Transport Partner by at least 25% of the transport price in the event of noncompliance with the pick-up or delivery dates for which the Transport Partner is responsible. Muvzilla reserve the right to assert claims for damages
The Transport Partner is responsible for compliance with the legal regulations.
The Transport Partner agrees to indemnify, defend and hold Muvzilla harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and expenses, related to Transport Partner’s violation of the T&Cs, his/her violation of rights of third parties or his/her use of the Muvzilla Services.