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Last Updated: December 3, 2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A
LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE MOOVEZ ENTITY
(AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF
MOOVEZ’S WEBSITE LOCATED AT WWW.WEMOOVEZ.COM, AND ANY SUBDOMAINS USED
IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS
(THE “WEBSITE”) AS WELL AS MOOVEZ MOBILE APPLICATIONS (THE “
MOOVEZ
PLATFORM APP
”)(TOGETHER THE MOOVEZ PLATFORM APP AND THE WEBSITE
CONSTITUTE THE “MOOVEZ PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL
USERS OF THE MOOVEZ PLATFORM, INCLUDING USERS WHO PROVIDERS OF COURIER
SERVICES TO OTHER USERS OF THE MOOVEZ PLATFORM, USERS WHO PURCHASE
SERVICES THROUGH THE MOOVEZ PLATFORM, USERS WHO DOWNLOAD THE MOOVEZ
PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE
THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR
JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE MOOVEZ PLATFORM AS A
CUSTOMER OR TO OPERATE AS A COURIER (AS SUCH TERMS ARE DEFINED IN SECTION
2 OF PART I). IF YOU ARE USING THE MOOVEZ PLATFORM ON BEHALF OF ANOTHER
PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE
THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE
TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS
APPLICABLE, ACCESSING OR OTHERWISE USING MOOVEZ PLATFORM OR THE MOOVEZ
SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE MOOVEZ PLATFORM AND THE
MOOVEZ SERVICES ARE MADE AVAILABLE TO FACILITATE THE DELIVERY OF PARCELS
AND OTHER PERSONAL ITEMS (INCLUDING BUT NOT LIMITED TO FURNITURE,
HOUSEHOLD ITEMS, ETC) THAT MAY BE DELIVERED BY DRIVERS. YOU UNDERSTAND
THAT MOOVEZ’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN
CERTAIN JURISDICTIONS ONLY AND THAT MOOVEZ IS NOT A COURIER NOR IS MOOVEZ
RESPONSIBLE FOR FULFILLING DELIVERIES PLACED BY CUSTOMERS WITH DRIVERS.
BY ACCESSING, BROWSING AND USING THE MOOVEZ PLATFORM, YOU INDICATE THAT
YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT
THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE MOOVEZ
PLATFORM OR MOOVEZ SERVICES OR ANY OF THEIR CONTENT OR SERVICES.
IMPORTANT NOTICE:PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN
IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF
PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE
AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS
THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS
AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION
PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF
AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR
RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR
CLAIMS.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY MOOVEZ IN ITS SOLE
DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
When changes are made, moovez will make a new copy of the Terms of Service available on the
moovez Platform. We will also update the "Last Updated" date at the top of the Terms of Service.
If we make any material changes, and you have registered with us to create an account we may
also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms of
Service. Any changes to the Terms of Service will be effective immediately after posting notice of
such changes on the moovez Platform. moovez may require you to provide consent to the updated
Terms of Service in a specified manner before further use of the moovez Platform and/or the
moovez Services is permitted. If you do not agree to any change(s) after receiving a notice of such
change(s), you shall stop using the moovez Platform and/or the moovez Services. Otherwise, your
continued use of the moovez Platform and/or moovez Services constitutes your acceptance of
such change(s). PLEASE REGULARLY CHECK THE MOOVEZ PLATFORM TO VIEW THE
MOST CURRENT TERMS.
1. moovez Parties
If you are accessing or using the moovez Platform within Canada, these
Terms of Service form an agreement between you and moovez , a
company incorporated under the laws of Canada.
moovez is referred to in these Terms of Service as the “moovez Group”. For
the avoidance of doubt, moovez does not include any third parties such as
Vendors and Drivers (as such terms are defined in Section 2 of Part I offering
services through the moovez Platform.
2. Users and Applicable Legal Terms
Definition of Users
The moovez Platform facilitates the ordering by
consumers/end users of the moovez Platform ("Customers") of delivery
and courier services through independently contracted Drivers who are
users of the moovez Platform (the "Drivers"). Collectively, Customers,
Drivers constitute "Users" of the moovez Platform and these Terms of
Service apply to all Users.
moovez Privacy Policy
Please note that important information about
moovez’s practices on the collection, use and disclosure of Users’ personal
information submitted via the Website or the moovez Platform App is
governed by our Privacy Policy, the terms of which are incorporated into
this Terms of Service. Please see
further: https://www.wemoovez.com/Home/MUVPrivacyPolicy ("Privacy
Policy").
Additional Terms for Drivers
In addition to these Terms of Service and
the Privacy Policy, Drivers are subject to additional terms agreed in
separate agreements with moovez in respect of the services offered by
such Users. In the event of any conflict between these Terms of Services
and the separate agreement you have with moovez, the terms of the
separate moovez agreement will govern.
Additional Terms and Conditions for moovez Platform App Users
To
the extent the other terms and conditions of these Terms of Service are less
restrictive than, or otherwise conflict with, the terms and conditions of this
Section, the more restrictive or conflicting terms and conditions in this
Section apply, but solely with respect to the use of Google Maps services
and content.
The moovez Platform may use services and content from Google Maps or Google
Earth. You acknowledge and agree that you are bound by the Google Maps/Google
Earth Additional Terms of Service (including the Google Privacy Policy).
3. moovez Accounts
Accurate Information
You represent and warrant that all information
supplied by you on the moovez Platform (including information provided by
you to create an account for use of the moovez Platform (a "moovez
Account")) or in connection with your use of the moovez Services is true,
accurate, current and complete.
Security of moovez Accounts
Any moovez Account must be kept secure
and you agree that you will not share or disclose your moovez Account
credentials with anyone. No members of the moovez Group will be liable for
any loss or damage arising from your failure to safeguarding your moovez
Account, use a strong password or limit its use to your moovez Account.
You may browse some of the moovez Platform without creating a moovez
Account.
Discretionary Access to moovez Accounts
moovez reserves the right to
deny your request for a moovez Account (including usernames) and to
disable or terminate access to any moovez Account (including usernames)
issued to you at any time in moovez’s sole discretion. If moovez disables
access to a moovez Account issued to you, you will be prevented from
accessing the moovez Platform or the moovez Services, your moovez
Account details, Deliveries or other information that is associated with your
moovez Account.
Suspension, Term, Termination and Deletion of moovez Accounts
We
may suspend or terminate your ability to access the moovez Platform, or
cease providing you with all or part of the moovez Services at any time for
any or no reason, including, if we believe: (i) you may have violated these
Terms of Service, (ii) you may create risk or possible legal exposure for us;
(iii) prolonged inactivity; or (iv) our provision of the moovez Services to you
is no longer commercially viable. Suspension or termination may also
include removal of some or all of the materials uploaded by you. We may
make reasonable efforts to notify you by the email address associated with
your account, through the moovez Platform or the next time you attempt to
access your account, depending on the circumstances. You acknowledge
and agree that all suspensions or terminations may be made by moovez in
its sole discretion and that no members of the moovez Group will be liable
to you or any third-party for any suspension or termination of your access or
for the removal of any of the materials uploaded by you to the moovez
Platform. Any suspension or termination of this Agreement by moovez will
be in addition to any and all other rights and remedies that moovez may
have.
Account Deletion and Termination.
You may request the deletion of your
account by requesting (by email or through any then-available interfaces) that
your moovez Account be deleted, ceasing use of the moovez Platform, the
moovez Services and uninstalling and removing all local software
components thereof, if any. If you request deletion of your moovez Customer
Account, we may disable your moovez Customer Account but keep the
disabled moovez Customer Account for fraud prevention or other lawful
purposes. If we have received all outstanding payment from you, you may
request termination these Terms of Service at any time by requesting by
email (or any then-available interface on the moovez Platform) that your
moovez Account be deleted. We may terminate these Terms of Service at
any time by giving notice to you, at our discretion, by email at your current
email address on file with us or through the moovez Platform.
4. Licensed Access to The moovez Platform and Permitted Use
Subject to your compliance with these Terms of Service, moovez hereby
grants you a personal, revocable, non-exclusive and non-transferable
license to use the moovez Platform in accordance with these Terms of
Service in the following manner depending on the type of User that you are:
i. for Customers, you may use the moovez Platform to request
courier/delivery services and pay for these services. You may also
use feedback features of the moovez Platform to rate, post
comments on Drivers (as applicable);
ii. for Drivers, you may create an account and use the moovez Platform
to manage and fulfill requests for deliveries,
(i)-(iii) constitute the "Permitted Use" as applicable for a specific type of
User.
Reservation of Rights
moovez retains the right, at its sole discretion, to
deny access to anyone to the moovez Platform or the moovez Services, at
any time and for any reason (or no reason at all), including, but not limited
to, for violation of these Terms of Service or use other than the Permitted
Use. You will cease and desist from any such access or use of the moovez
Platform or moovez Services immediately upon request by moovez.
Geographic Application of the moovez Platform.
The moovez Platform
and/or specific services may not be available at all or any times and in all or
any jurisdictions. Furthermore, nothing on the moovez Platform constitutes
an offer or solicitation to buy or sell any product or service to anyone in any
jurisdiction in which such an offer or solicitation may be prohibited by law.
Changes to the moovez Platform
moovez reserves the right to change or
allow a third party to change any information, material or content contained
on or provided through the moovez Platform (the "Content") at any time, and
from time to time, without notice. For greater certainty, the Content include
the User Content (as defined below).
5. No Unlawful or Prohibited Use
You may not, without moovez's prior written permission, use the moovez Platform,
the moovez Services or any Content (including other User’s User Content) for
purposes other than the applicable Permitted Use. Without limiting the generality of
the foregoing, you will not, and will not permit anyone else to, or attempt to use the
moovez Platform and/or the Content to:
1. "frame", "mirror" or otherwise incorporate the moovez Platform, the moovez
Services or the Content or any part thereof on any commercial or noncommercial website;
2. access, monitor or copy any part of the moovez Platform, the moovez
Services or the Content using any robot, spider, scraper or other automated
means or any manual process for any purpose without moovez’s express
written permission;
3. violate any laws;
4. violate the restrictions in any robot exclusion headers on the Content or the
moovez Platform or bypass or circumvent other measures employed to
prevent or limit access to the moovez Services or the moovez Platform;
5. remove (or permit anyone else to remove) any watermarks, labels or other
legal or proprietary notices included in the moovez Platform or the Content;
6. modify or attempt to modify (or permit anyone else to modify or attempt to
modify) the moovez Platform, including any modification for the purpose of
disguising or changing any indications of the ownership or source of the
moovez Platform;
7. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any material transmitted to or through the moovez Platform or
impersonate another person or organization or misrepresent their affiliation
with a person or entity;
8. attempt to, assist, authorise or encourage others to circumvent, disable or
defeat any of the security features or components, such as digital rights
management software or encryption, that protect the moovez Platform or
the moovez Services;
9. copy, reproduce, modify, translate, distribute, transfer, sell, publish,
broadcast, perform, transmit, license or circulate in any form any part of the
moovez Platform or the Content;
10. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the moovez Platform;
11. create derivative works based on the moovez Platform, the moovez
Services or the Content, in whole or in part, or decompile, disassemble,
reverse engineer or other exploit any part of the moovez Platform, the
moovez Services or the Content;
12. use of access the moovez Platform in a manner that violates the rights
(including, but not limited to contractual, intellectual property or proprietary
rights) of any third party; or
13. upload to or transmit through the moovez Platform any information, images,
text, data, media or other content that is offensive, harmful, tortuous, hateful,
obscene, defamatory or violates any laws or is otherwise objectionable, in
each case as determined by moovez in its sole discretion.
6. Intellectual Property Terms
1. Content and Intellectual Property
i. moovez Content and Intellectual Property Rights. The moovez
Platform and all content contained therein (excluding User Content
as defined in Section 6(b) below), is owned or licensed by moovez
and protected by copyright, trade-mark and other intellectual
property laws ("moovez Content"). moovez expressly reserves all
rights in the moovez Platform and all materials provided by moovez
in connection with these Terms of Service that are not specifically
granted to you. You acknowledge that all right, title and interest in
the moovez Platform, all materials provided by moovez in
connection with these Terms of Service (including the moovez
Content), and any update, adaptation, translation, customization or
derivative work thereof, and all intellectual property rights therein
will remain with moovez (or third party suppliers or licensors, if
applicable), and that the moovez Platform and all materials provided
by moovez hereunder are licensed and not "sold" to you.
ii. User Content. All information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials, whether
publicly posted or privately transmitted to the moovez Platform by
Users ("User Content"), is the sole responsibility of such Users. This
means that the User, and not members of the moovez Group, are
entirely responsible for all such material uploaded, posted, emailed,
transmitted or otherwise made available on the moovez Platform.
moovez may monitor User Content from time to time but moovez
does not guarantee the accuracy, integrity or quality of such
content. Under no circumstances will any members of the moovez
Group be liable in any way for any User Content including for any
loss or damage of any kind incurred as a result of the viewing or use
of any materials posted, emailed, transmitted or otherwise made
available via the moovez Platform. To the extent your User Content
contains any personally identifiable information, that data is handled
in accordance with the moovez Privacy Policy and all other User
Content will be considered non-confidential.
iii. User-Related Content. moovez may collect data, information,
records, files, material or other content from your local computer
(including mobile) system or from third-parties with your permission,
and (in each case) including all results from processing such data,
including compilations, and derivative works thereof ("User-Related
Content"). You grant to moovez Group a perpetual, transferrable,
irrevocable, royalty-free, worldwide and sublicensable license to
access, collect, store and use any such User-Related Content. To the
extent your User-Related Content contains any personally identifiable
information, that data is handled in accordance with the moovez
Privacy Policy. User-Related Content is not considered confidential or
proprietary
2. User Content License to moovez
By submitting, posting or displaying
User Content on or through the moovez Platform or otherwise to moovez,
you grant moovez Group, a worldwide, non- exclusive, royalty-free,
perpetual, transferable, and fully sublicensable right to use, refrain from
using, remove, reproduce, modify, edit, copy, adapt, publish, translate,
create derivative works from, distribute, transmit, perform display and
otherwise use User Content, in whole or in part. You further grant moovez
the right (although moovez does not have the obligation) to pursue at law
any person or entity that violates your or moovez’s rights in the User
Content by a breach of these Terms of Service. You represent and warrant
that you have all the rights, power and authority necessary to grant the
rights granted herein to any User Content that you submit. For the
avoidance of doubt, moovez has no obligation to post or display any User
Content on the moovez Platform.
3. Use of moovez Content and User Content by other Users
You may only
use moovez Content and other Users Content (eg. menus provided by
Vendors) for the applicable Permitted Use. If you print extracts from the
moovez Platform for your own personal, non- commercial use, you must not
modify the digital or papers of such materials or use any graphics, pictures,
photographs or videos separately from any accompanying text.
4. Terms on Submissions/Feedback and Other User Content
i. Creating Submissions and Other User Content. Through the
capabilities of the moovez Platform you may be able to provide
ratings ("Submissions"). Submissions are a subset of User
Content. In creating and posting any Submissions (or other User
Content) you represent and warrant that you will not post or transmit
to or from the moovez Platform any material or content which does
or may:
1. Breach any applicable local, national or international law;
2. Be unlawful or fraudulent;
3. Amount to unauthorised advertising;
4. Contain any defamatory, obscene or offensive material;
5. Promote violence or discrimination;
6. Infringe the intellectual property rights of another person;
7. Breach any legal duty owed to a third party (such as a duty
of confidence);
8. Promote illegal activity or invade another’s privacy;
9. Give the impression that they originate from us; or
10. Be used to impersonate another person or to misrepresent
your affiliation with another person.
You will be solely liable for any damages resulting from any violation
of the foregoing restrictions, or any other harm resulting from your
posting of Submissions or other User Content to the moovez
Platform
ii. Status of Submissions on the moovez Platform. We reserve the
right to remove or edit at any time any Submissions or other User
Content posted, uploaded or transmitted to the moovez Platform
that we determine breaches the restrictions in Section 6(d)(i) above
or is otherwise objectionable or may expose us or any third parties
to any harm or liability of any type, or for any reason. Any
Submissions on the moovez Platform is for information purposes
only and does not constitute advice from us or the opinions of
anyone within the moovez Group. User Content may reflect the
opinions of Customers who have ordered through the moovez
Platform and any statements, advice or opinions provided by such
persons are theirs only. Accordingly, to the fullest extent permitted
by law, no members of the moovez Group assume any
responsibility or liability to any person for any User Content,
including without limitation any mistakes, defamation, obscenity,
omissions or falsehoods that you may encounter in any such
materials.
iii. Public Display of Submissions. . You acknowledge that moovez
may choose to provide attribution of your Submissions (for example,
listing a date, User’s name and city on a User’s rating that you
submit) at moovez’s discretion, and that such User Content may be
visible to other Users and visitors to the moovez Platform. By
providing a rating/review you acknowledge and consent to us using
your given name in association with the rating/review. All
ratings/reviews that we receive may be moderated before we publish
them. We may do this to make sure that ratings/reviews fit our
content guidelines.
5. Note on Privacy
If you access any Person Information through or in
connection with the moovez Platform you agree that you will treat such
Personal Information in accordance with moovez's current Privacy Policy and
you will not collect or harvest any Personal Information, including Personal
Information of other users, except as permitted by these Terms of Service.
6. Availability and Updates
1. moovez may alter, suspend, or discontinue the moovez Platform or Service
at any time and for any reason or no reason, without notice. The moovez
Platform or Service may be unavailable from time to time due to
maintenance or malfunction of computer or network equipment or other
reasons. moovez may periodically add or update the information and
materials on this the moovez Platform without notice
2. While we try to ensure the moovez Platform is normally available twenty
four (24) hours a day, we do not undertake any obligation to do so, and no
members of the moovez Group will be liable to you if the moovez Platform
is unavailable at any time or for any period.
3. moovez may upgrade or alter the moovez Platform at any time. moovez may
remotely access the moovez Platform (including for greater certainty any
moovez Platform App) at any time for any lawful reason, in particular to
update the software or to perform software maintenance.
7. DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES,
CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF
SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF
LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
1. Content. : While we try to ensure that information on the moovez Platform is
correct, we do not promise it is accurate or complete. We may make
changes to the material on the moovez Platform including to Services and
prices described on it, at any time without notice. The material on the
moovez Platform may be out of date, and we make no commitment to
update that material.
The foregoing disclaimers do not affect Customer’s statutory rights against
any Vendor or Driver.
2. Service Disclaimers
i. Viruses The downloading and viewing of the moovez Platform or
the Content is done at your own risk. moovez cannot and does not
guarantee or warrant that the moovez Platform or the Content are
compatible with your computer system or that the moovez Platform
or the Content, or any links from the moovez Platform or the
Content, will be free of viruses, worms, malware, trojan horses or
disabling devices or other code that manifests contaminating or
destructive properties. You are responsible for implementing
safeguards to protect the security and integrity of your computer
system, and you are responsible for the entire cost of any service,
repairs or connections of and to your computer system that may be
necessary as a result of your use of the moovez Platform.
ii. Communications Not Confidential Tmoovez does not guarantee the
confidentiality of any communications made by you through the
moovez Platform. Although moovez generally adheres to the
accepted industry practices in securing the transmission of data to,
from and through the moovez Platform, you understand, agree and
acknowledge that moovez cannot and does not guarantee the
security of data transmitted over the Internet or public networks in
connection with your use of the moovez Platform.
8. NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY
1. NO IMPLIED WARRANTIES. THE MOOVEZ SERVICES, THE MOOVEZ
PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, MOOVEZ DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT
TO THE MOOVEZ SERVICES, MOOVEZ PLATFORM AND THE
CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR
COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT
THE MOOVEZ SERVICES, THE MOOVEZ PLATFORM OR THE
CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION.
2. EXCLUSION OF INDIRECT DAMAGES.. IN NO EVENT WILL MOOVEZ
OR ANY MEMBER OF THE MOOVEZ GROUP BE LIABLE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF
ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS
OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER
LIABILITIES), WHETHER OR NOT MOOVEZ IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED
TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE MOOVEZ
SERVICES, THE MOOVEZ PLATFORM OR THE CONTENT.
3. NO RESPONSIBILITY FOR DRIVERS. DRIVERS OFFERING
SERVICES THROUGH THE MOOVEZ PLATFORM ARE INDEPENDENT
PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES,
AGENTS OR EMPLOYEES OF MOOVEZ. MOOVEZ IS THEREFORE NOT
LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY
VENDORS OR DRIVERS OR FOR ANY PERSONAL INJURY, DEATH,
PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM AND TAKES NO RESPONSIBILITY
WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY
DRIVERS.
4. LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING
LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL
AGGREGATE LIABILITY OF THE MOOVEZ GROUP IN CONNECTION
WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN
CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF,
THE MOOVEZ SERVICES, THE MOOVEZ PLATFORM OR THE
CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4
MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS),
WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE
OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL
NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
5. ADDITIONAL COSTS. You assume full and sole responsibility for any additional
or associated costs that you may incur in connection with or as a result of
your use of the moovez Platform, including without limitation costs relating
to the servicing, repair or adaptation of any equipment, software or data
that you may own, lease, license or otherwise use.
THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK
BUT FOR WHICH MOOVEZ WOULD NOT MAKE THE MOOVEZ
PLATFORM AND/OR MOOVEZ SERVICES AVAILABLE TO USERS. THE
LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY
EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
9. Indemnification
You agree to defend, indemnify and hold harmless moovez Group, its licensors and
their directors, officers, agents, contractors, partners, representatives and
employees from and against any threated or actual claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or other costs or expenses
of any kind or nature including but not limited to reasonable legal fees, incurred in
connection with or as a result of:
1. your breach of these Terms of Service or any documents referenced herein;
2. your violation of any law or the rights of a third party (including, without
limitation, intellectual property rights);
3. your breach of or failure to perform in respect of any Deliveries made by
you or by any third party acting on your behalf or with your permission; or
moovez reserves the right, at its own expense, to assume the exclusive
defence and control of any matter otherwise subject to indemnification by
you hereunder, and you shall cooperate as fully as reasonably required by
moovez.
10. Governing Law and Dispute Resolution
1. Governing Law. These Terms of Service will be governed by the laws of
the Province of Alberta, unless you access the moovez Platform or receive
the moovez Services in Quebec, in which case the laws of the Province of
Quebec apply to the extent of such access or use of the moovez Services,
and the federal laws of Canada applicable therein. These laws apply to
your access to or use of the, the moovez Platform, the moovez Services or
the Content, notwithstanding your domicile, residency or physical location.
The moovez Platform, the moovez Services and the Content are intended
for use only in jurisdictions where they may lawfully be offered for use
The foregoing disclaimers do not affect Customer’s statutory rights against
any Vendor or Driver.
2. Dispute Resolution Process
i. Except to the extent restricted by applicable law, if there is any
dispute or controversy between (1) you and (2) moovez or any
members of the moovez Group, including any dispute or
controversy arising out of or relating to these Terms of Service, the
moovez Platform or moovez Services, any interactions or
transactions between (1) you and (2) moovez or any members of
the moovez Group, or in respect of any legal relationship associated
with or derived from these Terms of Service, including the validity,
existence, breach, termination, construction or application, or the
rights, duties or obligations of you or us, (each, a "Dispute"), the
disputing person will serve notice on the other person and each you
and us must use good faith efforts to resolve the Dispute informally.
ii. Except to the extent restricted by applicable law, if the Dispute is
not resolved after twenty (20) business days of a person serving
notice on the other party that there is a Dispute, you and us agree
that the Dispute will be finally resolved by confidential arbitration
before a single arbitrator in accordance with the Arbitration Rules of
the ADR Institute of Canada, Inc. The seat of the arbitration will be
Ontario or wherever convenient or necessary acting reasonably.
There will be no appeals of any kind. The language of the arbitration
will be English unless otherwise required by applicable law or
agreed to by you and us. moovez will pay the reasonable arbitration
costs.
iii. Except to the extent restricted by applicable law, you and us agree
that you and us will resolve any Dispute on an individual basis. Any
claim you may have must be brought individually, in your individual
capacity and not as a representative plaintiff or class member, and
you will not join such claim with claims of any other person or entity,
or bring, join or participate in a class action lawsuit, collective or
representative proceeding of any kind (existing or future) against
any members of the moovez Group.
iv. Nothing in this Section will prohibit us from seeking interim measures
from a court, including preliminary or injunctive relief of breach of you
of any intellectual property rights.
11. Miscellaneous
1. Interpretation. Unless the context clearly requires otherwise, (a)
references to the plural include the singular, the singular the plural, the part
the whole, (b) references to any gender include all genders, (c) “including”
has the inclusive meaning frequently identified with the phrase “but not
limited to” and (d) references to “hereunder” or “herein” relate to this
Agreement. The section headings in this Agreement are for reference and
convenience only and shall not be considered in the interpretation of these
Terms of Service.
2. Entire Agreement. I If you are a Customer, these Terms of Service, the
Privacy Policy and any documents incorporated by reference herein
constitute the entire agreement between moovez and you pertaining to the
subject matter hereof and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
you and moovez with respect to the moovez Platform. A printed version of
these Terms of Service and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating
to these Terms of Service to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
3. Notices. moovez may, in its sole discretion, provide any notices to you in
connection with these Terms of Service through the moovez Platform or by
email at the then-current email address for you on file with moovez. moovez
may be contacted in writing at:
[email protected]
moovez may change its notice contact information from time to time by
posting updated contact details on the moovez Platform.
4. No Waiver.. moovez's failure to insist upon or enforce strict performance of
any provision of these Terms of Service will not be construed as a waiver of
any provisions or right.
5. Force Majeure. moovez will not be liable to you for any failure of or delay in
the performance of its obligations under these Terms of Service for the
period that such failure or delay is due to causes beyond moovez's
reasonable control, including but not limited to acts of God, power outages,
internet disconnectivity, war, strikes or labor disputes, embargoes,
government orders or any other force majeure event.
6. Severability. If any of the provisions contained in these Terms of Service
are determined to be void, invalid or otherwise unenforceable by a court of
competent jurisdiction, the provision shall be modified by the court and
interpreted so as best to accomplish the objectives of the original provision
to the fullest extent permitted by law, and the remaining provisions of this
Agreement shall remain in effect.
7. Delivery of Precedence.. If any of the provisions contained in these Terms
of Service conflict with the terms of another agreement between you and
us, then these Terms of Service will prevail.
8. Language. These Terms of Services are made available in English
THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK
BUT FOR WHICH MOOVEZ WOULD NOT MAKE THE MOOVEZ
PLATFORM AND/OR MOOVEZ SERVICES AVAILABLE TO USERS. THE
LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY
EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
9. Assignment. You may not transfer any of your rights or obligations under
these Terms of Service without our prior written consent. We may transfer
any of our rights or obligations under these Terms of Service without your
prior written consent to any of our affiliates or any business that we enter into
a joint venture with, purchase or are sold to.
1. Access, moovez Services and Products
Through the moovez Platform you may place orders for Deliveries from Drivers,
and moovez may provide customer care support between you and Drivers (these
services and associated services such as order management, payment processing
for Deliveries and provision of access to the moovez Platform provided by moovez
from time to time are the "moovez Services"). For avoidance of doubt, moovez
does not provide delivery services directly and no members of the moovez Group
will be liable for any transactions between Customers, and Drivers. moovez may
provide services to Drivers through a separate agreement executed with such
parties.
2. moovez Customer Account
To use the moovez Platform and most features of the moovez Services, you are
required to successfully create a user account (the "moovez Customer Account")
using the available interfaces at the moovez Platform.
3. Placing Deliveries
1.Once you have created your moovez Customer Account you may request a
delivery from point A to point B, select the load you need for your delivery,
select the amount of labour you will require loading and offloading your
items, and provide any delivery instructions. Your delivery details may be
edited at any time prior to placing a Delivery. Once you have made your
selection, you may proceed to place your Delivery. At this time, you will
have the opportunity to review your Delivery details. After you review and
confirm that the delivery details are correct, you may proceed to place your
Delivery, provide your payment card information, and a Delivery will be
created and sent to the Driver. You are responsible to ensure that all of
your Delivery details, including billing, delivery address and other
information is current, complete and accurate. Your payment card will be
charged when you place your Delivery if the Delivery is a Card Delivery (as
defined in section 6(b)). Once you have placed your Delivery, you will not
be entitled to change or cancel your Delivery and you will not be entitled to
a refund (except where required by law). Notwithstanding that you are not
entitled as of right to change or cancel your Delivery or be entitled to a
refund (except where prohibited by law), if you wish to amend or cancel
your Delivery for a total or partial refund of your Delivery’s price, you must
get in touch with moovez via chat, email or the moovez support phone line
at the contact information provided on the moovez Platform.
2. Because of standard banking procedures, once you have placed a Card
Delivery and your payment has been authorised, your bank or card issuer
will "ring-fence" the full amount of your Delivery. If your Delivery is not
confirmed by the Driver or cancelled for any other reason, your bank or
card issuer will not transfer the funds for the Delivery to us, and will instead
release the relevant amount back into your available balance. However, this
may take a period of typically up to 5 working days (and in some cases up
to 30 days, depending on your bank or card issuer). You acknowledge and
agree that no members of the moovez Group nor the relevant Driver will be
responsible or liable to you in relation to this delay by your bank or card
issuer in the release of funds back into your account.
3. You agree that moovez or the Driver will have no liability to you for Deliveries
that are not confirmed, are cancelled or that the Driver has been unable or
unwilling to fulfill.
4. Customer Care, Third Party Drivers and Refunds
1.moovez may offer customer care in respect of issues relating to the Drivers.
If you have any problems, questions or suggestions with respect to the
moovez Platform or your Delivery, please contact moovez’s customer care
team (and not the Driver) via email or phone at the contact information
provided on the moovez Platform.
2. moovez may provide, in its discretion, the refund or compensation by
payment to your payment credit or debit card or providing the Customer with
moovez Credits (as defined below).
5.Payment Processing Services
Payment processing services for the moovez Platform are provided by payment
services providers as moovez may choose from time to time (collectively referred to
as the "Payment Processing Services Provider"). You hereby authorize moovez
to share with the Payment Processing Services Provider that financial information,
banking details and transaction information related to your use of the payment
processing services and the moovez Platform. You also agree that the moovez
Group is not responsible for the use or misuse of such financial information,
banking details and transaction information by the Payment Processing Services
Provider or any third party.
6. Price and Payment
1.Delivery prices listed on the moovez Platform from Vendor in Canada are in
Canadian dollars, Taxes and delivery charges may be added at checkout
and will be payable by you along with the Delivery price.
2. Payment for Deliveries must be made with an accepted credit or debit card
through the moovez Platform ("Card Deliveries")
3. For Card Deliveries, you will be charged at the time of placing your
Delivery. The moovez Platform uses the third party payment processors to
effect charges onto your debit or credit card. You consent to the collection
and use of your information (including, if applicable, personal information)
by such payment processing service as necessary to process your
payments. We reserve the right to change, or to stop accepting, any
permitted payment method at any time in our sole discretion. You agree we
may charge your payment card for any order placed and for any additional
amounts (including any taxes) as may be applicable in connection with your
purchase. You are responsible to ensure that all of your billing information
is current, complete, and accurate. We will provide you with an online or
emailed billing summary statement which you may review, save, or print at
your discretion. This is the only billing statement that will be provided by us.
4. moovez or the Driver is under no obligation to fulfill your Delivery at the
incorrect price. Any such differences will not entitle you to a refund or a
reduction in price of your Delivery
5. Delivery charges and any other fees are subject to change at any time at
moovez’s discretion.
1. Refer-A-Friend Program
1.If you are a moovez Customer Account holder, you may be entitled to
voluntarily participate in the moovez refer a friend program (the "
Referral
Program
"). A unique alphanumeric code is assigned to your moovez
Customer Account, referred to as your personalized referral code
("Referral Code"). To participate in the Referral Program, you will need to
refer friends who have never placed an order with us ("Friends") and invite
your Friends to use the moovez Platform with your Referral Code.
2. You will earn moovez credit ("Referral moovez Credit") in the amount we
determined from time to time once your Friend ("Referred User") has
completed an eligible order on the moovez Platform ("Eligible Delivery").
Criteria for Eligible Deliveries is determined in our sole discretion from time
to time. Referral Credit will be applied automatically against your item
subtotal on your next Card Delivery, up to and including the item subtotal
before taxes, tip, and delivery fee. If any credit happens to remain after
being applied to the order, that credit will remain on your account. Referral
Credits are subject to expiration and must be used within the timeframe, if
stated or otherwise determined by us from time to time. The amount of
Referral Credits earned and redeemed are subject to change at any time at
moovez’s sole discretion.
3. The Referral Code may only be used for personal and non-commercial
purposes. You may share your code with your personal connections via
social media, email, or word of mouth, where you are the primary content
owner. In cases where you are not the primary owner of the content or
website (e.g., Wikipedia, coupon websites, affiliate websites, discussion
forums, etc.), public distribution is not allowed. Promoting or advertising
your Referral Code via search engine marketing or any other paid
advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not
allowed to misrepresent your relationship with any members of the moovez
Group or with the moovez Services to any third parties, and you will not
make any warranty or representation on behalf of any members of the
moovez Group. You are not allowed to refer yourself or members of your
household for the purposes of earning Referral Credit.
4. moovez reserves the right, at its sole discretion, to deactivate your
account(s) and revoke the Referral Credits of any account holder who it
finds or believes to be earning or using Referral Credits against these
Terms of Service, or who is manipulating or abusing the moovez Services
or the moovez Platform.
5. For greater certainty, we reserve the right, at any time and in our sole discretion,
to add to or amend terms and conditions (including these Terms of Service) in relation
to the use of Referral moovez Credit issued pursuant to the Referral Program at any time without notice.