Moovez PLATFORM TERMS OF SERVICE
Last Updated: February 18, 2026
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.MOOVEZ.CA 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 ARE PROVIDERS OF MOVING 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 (THE “SERVICES”). 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 MOVER (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”, or “CUSTOMER” 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 FURNITURE AND OTHER HOUSEHOLD ITEMS (INCLUDING BUT NOT LIMITED TO FURNITURE, CONSTRUCTION MATERIALS, HOUSEHOLD ITEMS, ETC.) THAT MAY BE DELIVERED BY MOVERS. YOU UNDERSTAND THAT MOOVEZ’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT MOOVEZ IS NOT A MOVER NOR IS MOOVEZ RESPONSIBLE FOR FULFILLING DELIVERIES PLACED BY CUSTOMERS WITH MOVERS.
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.
INDEX
You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.
I. GENERAL TERMS
- Moovez Parties
- Users and Applicable Legal Terms
- Moovez Accounts
- Licensed Access to the Moovez Platform and Permitted Use
- No Unlawful or Prohibited Use
- Intellectual Property Terms
- Platform Updates and Availability
- Disclaimers
- No Implied Warranties; Limitations of Liability
and Release of Liability - Indemnification
- Governing Law and Dispute Resolution
- Miscellaneous
II. ORDERING TERMS
- Access, Moovez Services and Products
- Moovez Customer Account
- Placing Deliveries
- Customer Care, Third Party Movers and Refunds
- Payment Processing Services
- Price and Payment
III. REFER-A-FRIEND PROGRAM, PROMOTIONAL VOUCHERS, GIFT CARDS AND MOOVEZ CREDITS AND CONTESTS
- Refer-A-Friend Program
- Promotional Vouchers
- Gift Card Terms and Moovez Credits
- Contests/Competitions
I. GENERAL 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 MUV Logistics Network Technologies Ltd., a company incorporated under the laws of Canada.
- MUV Logistics Network Technologies Ltd. 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 Movers (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 moving services through independently contracted movers who are users of the Moovez Platform (the “Movers”). Collectively, Customers, Movers constitute “Users” of the Moovez Platform and these Terms of Service apply to all Users.
- Moovez Privacy Policy. Important information about Moovez’s practices regarding the collection, use, disclosure, and safeguarding of Users’ personal information submitted via the Website or the Moovez Platform App is set out in our Privacy Policy, the terms of which are incorporated into these Terms of Service by reference. Please see further: https://moovez.ca/privacy-policy (“Privacy Policy”).
- Additional Terms for Movers. In addition to these Terms of Service and the Privacy Policy, Movers 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 Web 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).
- Text Messaging, Notifications, and Communications. By creating an account on the Moovez Platform and/or placing an order, you agree that Moovez and its service providers may contact you, including by email, telephone call, push notification, and SMS/text message, for purposes related to your use of the Services, including account verification, booking confirmations, service updates, customer support, fraud prevention, and other transactional or service-related communications. Where permitted by law (or with your consent, where required), Moovez may also send promotional or marketing communications.
You acknowledge and agree that standard message and data rates may apply and that delivery of text messages may be subject to effective transmission by your mobile carrier and is not guaranteed. You may opt out of SMS/text messages at any time by replying “STOP” to a message (or by following the instructions provided in the message). If you require assistance, reply “HELP” or contact Moovez using the contact details provided on the Moovez Platform. Opting out of SMS/text messages may limit certain service-related notifications; however, you may still receive essential transactional communications by other means. - Individuals Under the Age of Majority. The Moovez Platform is intended for use only by individuals who have reached the age of majority in their jurisdiction. By accessing or using the Moovez Platform, creating an account, or placing an order, you represent and warrant that you are of the age of majority in your jurisdiction. Moovez does not knowingly collect personal information from individuals who are under the age of majority. If Moovez becomes aware that it has collected personal information from an individual under the age of majority, Moovez will take reasonable steps to delete such information, subject to applicable law and technical limitations.
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 safeguard 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, Moves, 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 of 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:
- for Customers, you may use the Moovez Platform to request moving/delivery services and pay for these services. You may also use feedback features of the Moovez Platform to rate, post comments on Movers (as applicable);
- for Movers, you may create an account and use the Moovez Platform to manage and fulfill requests for deliveries,
iii. for all Customers and Movers, you acknowledge and agree that the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE AND AGREE THAT MOOVEZ GROUP DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MOOVEZ GROUP OR ANY OF ITS AFFILIATES.
(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 includes 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:
- “frame”, “mirror” or otherwise incorporate the Moovez Platform, the Moovez Services or the Content or any part thereof on any commercial or non-commercial website;
- 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;
- violate any laws;
- 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;
- remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Moovez Platform or the Content;
- 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;
- 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;
- 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;
- 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;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Moovez Platform;
- 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;
- 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
- 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
- Content and Intellectual Property
- 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.
- 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.
- 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.
You agree not to submit or upload any User Content that includes (i) sensitive personal information (such as government-issued ID numbers, financial account credentials, health information, or other highly sensitive data) unless specifically requested by Moovez, or (ii) personal information of any third party without their authorization. Moovez may remove User Content at any time at its discretion.
For the avoidance of doubt, Moovez has no obligation to post or display any User Content on the Moovez Platform.
- 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.
- Terms on Submissions/Feedback and Other User Content
- 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:
- Breach any applicable local, national or international law;
- Be unlawful or fraudulent;
- Amount to unauthorised advertising;
- Contain any defamatory, obscene or offensive material;
- Promote violence or discrimination;
- Infringe the intellectual property rights of another person;
- Breach any legal duty owed to a third party (such as a duty of confidence);
- Promote illegal activity or invade another’s privacy;
- Give the impression that they originate from us; or
- 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.
- 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.
- Note on Privacy. If you access any Personal 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.
7. Availability and Updates
- 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.
- 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.
- 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.
8. 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.
- 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 other Business or Mover.
- 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.
Linked Sites. The Moovez Platform may contain links to third-party websites or services that are not owned or controlled by Moovez (“Linked Sites”). Moovez does not control and is not responsible for the content, policies, or practices of any Linked Sites. Your access to and use of Linked Sites is at your own risk and is subject to the terms and privacy practices of the applicable third party.
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.
- Communications Not Confidential. Moovez 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.
9. NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.
- NO IMPLIED WARRANTIES AND DISCLAIMERS. 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. MOOVEZ GROUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- 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 AT LAW (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.
- NO RESPONSIBILITY FOR MOVERS. MOVERS 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 MOVERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THERE FROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY MOVERS.
- LIMITATION OF LIABILITY. MOOVEZ GROUP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MOOVEZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOOVEZ GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MOOVEZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOOVEZ GROUP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOOVEZ GROUP’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER MOVING TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL MOOVEZ GROUP’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED 100 HUNDRED DOLLARS ($100).
- 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 relatin 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.
- Indemnification and Release of Liability
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 threatened or actual claims, causes of action, demands, recoveries, losses, liabilities, 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:
- your use of the Moovez Platform or use of the Services, in any manner whatsoever;
- your breach of these Terms of Service or any documents referenced herein;
- your violation of any law or the rights of a third party, including third party providers (including, without limitation, intellectual property rights);
- 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.
- You shall release and indemnify and hold MOOVEZ harmless from and against any and all damages, fines, fees, settlements, payments, obligations, penalties, deficiencies, losses, costs and expenses (including, without limitation, interest, court costs, reasonable fees of attorneys, accountants and other experts and other reasonable expenses of litigation or other proceedings or of any claim, default or assessment) (collectively, the “Losses”) suffered, incurred or sustained by any member of the MOOVEZ or which any member of MOOVEZ becomes subject at any time, by reason of any action, claim, suit, proceeding, arbitration, notification, investigation or audit to the extent arising out of or resulting from:
- any breach of the Customer’s representations, warranties or obligations under this Agreement, or non-fulfillment of or failure to perform any covenant or agreement made by the Customer in this Agreement;
- any negligent act or omission on the part of the Customer, its employees, contractors, or agents;
- the misuse of the Services by the Customer, its employees, contractors, agents or other persons.
- You agree to sign the standard Waiver and Release of Liability, which is attached to and forms part of these Terms of Service.
- Governing Law and Dispute Resolution
- 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 youraccess 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.
- Dispute Resolution Process.
- 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 associatedwith 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.
- Except to the extent restricted by applicable law, if the Dispute is notresolved 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.
- 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.
- Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of youof any intellectual property rights.
- Miscellaneous
- Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the partthe 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.
- Entire Agreement. 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.
- 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. Moovezmay be contacted in writing at:
support@moovez.ca
Moovez may change its notice contact information from time to time by posting updated contact details on the Moovez Platform.
- 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.
- 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.
- 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.
- 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.
- Language. These Terms of Services are made available in English.
- 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.
- ORDERING TERMS
- Access, Moovez Services and Products
Through the Moovez Platform you may place orders for Deliveries from Movers, and Moovez may provide customer care support between you and Movers (these services and associated services such as order management, payment processing for Moves and 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 Movers. Moovez may provide services to Movers through a separate agreement executed with such parties.
- 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.
- Placing Moves or Deliveries
- Once you have created your Moovez Customer Account you may request a move or delivery from point A to point B, select the lodelivery details may be edited at any time prior to placing a Move or Delivery. Once you have made your selection, you may proceed to place your Move or Delivery. At this time, you will have the opportunity to review your Move or Delivery details. After you review and confirm that the move or delivery details are correct, you may proceed to place your Move or Delivery, provide your payment card information, and a Move or Delivery will be created and sent to the Mover. You are responsible to ensure that all of your Move or Delivery details, including billing, addresses and other information is current, complete and accurate. Your payment card will be charged when you place your Move or Delivery if the Move or Delivery is a Card Move or Delivery (as defined in section 6(b)) and subject to the payment terms and conditions of Section 6 herein. Once you have placed your Move or Delivery, you will be charged a fee for cancellation. You will not be entitled to change your payment card once a move or delivery is already in progress and you will not be entitled to a full refund (except where required by law). Notwithstanding that you are not entitled as of right to change your payment card during an ongoing move or delivery or cancel your Move or Delivery and expect a full refund (except where prohibited bylaw), if you wish to amend or cancel your Move or Delivery for a total or partial refund of your Move or Delivery’s price, you can do so and will be charged according to the stage at which the Move or Delivery was cancelled. You can email or call the Moovez support phone line at the contact information page provided on the Moovez Platform for more information.
- Because of standard banking procedures, once you have placed a Card Delivery and your payment has been authorised, your bank or card issuer will “hold” the full amount of your Delivery. If your Delivery is not confirmed by the Mover 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 Mover 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.
- You agree that Moovez or the Mover will have no liability to you for Deliveries that are not confirmed, are cancelled or that the Mover has been unable or unwilling to fulfill.
- Customer Care, Third Party Movers and Refunds
- Moovez may offer customer care in respect of issues relating to the Movers. If you have any problems, questions or suggestions with respect to the Moovez Platform or your Move or Delivery, please contact Moovez’s customer care team (and not the Mover) via email or phone at the contact information provided on the Moovez Platform.
- 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).
- Payment Processing Services
Payment processing services for the Moovez Platform are provided by Stripe, Inc. (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 PaymentProcessing Services Provider or any third party.
- Price and Payment
- 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.
- Payment for Deliveries must be made with an accepted credit or debit card through the Moovez Platform (“Card Deliveries”). You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Moovez Group will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Moovez Group. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Moovez Group will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
- All Charges are due immediately and payment will be facilitated by Moovez Group using the preferred payment method designated in your account, after which Moovez Group will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Moovez Group may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
- For Card Deliveries, you will be charged at the time of successful completion of your Move or 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.
- Moovez or the Mover is under no obligation to fulfill your Move or Delivery at the incorrect price. Any such differences will not entitle you to a refund or a reduction in price of your Move or Delivery.
- Move or Delivery charges and any other fees are subject to change at any time at Moovez’s discretion.
- If you fail to make any payment when due, without limiting our other rights and remedies: (i) Provider may charge interest on the past due amount at the rate of twelve percent (12%) per annum or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Moovez Group for all costs incurred by Provider in collecting any late payments or interest, including legal fees on a solicitor and own client basis, court costs, and collection agency fees.
III. REFER-A-FRIEND PROGRAM, PROMOTIONAL VOUCHERS, GIFT CARDS AND MOOVEZ CREDITS AND CONTESTS.
- Refer-A-Friend Program
- 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 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.
- You will earn a Moovez credit or discount (“Referral Moovez Credit”) in the amount we determine 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.
- 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.
- 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.
- For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend these Terms of Service in relation to the use of Referral Program or to vary or terminate the operation of a Referral Moovez Credit issued pursuant to the Referral Program at any time without notice, including without limitation these Terms of Service, Referral Moovez Credit, Gift cards, credit or other promotions
- Promotional Vouchers
The following terms and conditions will apply to all vouchers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the Moovez Platform (“Promotional Vouchers”):
- Promotional Vouchers may only be redeemed towards Orders on the Moovez Platform. Promotional Vouchers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Promotional Voucher (for example, the amount of any dollar or percentage discount, number of times the Promotional Voucher can be used, expiry date, area Promotional Voucher can be use, whether applicable for Move Orders or Delivery Orders) any other rules that may apply are described in the information accompanying or in conjunction with the Promotional Voucher (for example, the social media post or advertisement where the Promotional Voucher was posted).
- Promotional Vouchers must be used in conjunction with a Moovez Customer Account. Promotional Vouchers must be applied to an online Order by no later than the deadline specified on the Promotional Voucher and will expire if not applied by this time. If the Promotional Voucher provides for a discount on an Order, an amount determined by the rules of the Promotional Voucher will be credited to the Order to which the Promotional Voucher is applied.
- The right to use a Promotional Voucher is personal to the original recipient and may not be transferred. No Promotional Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. For greater certainty, Promotional Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or canceled.
- PromotionalVouchersmaynotbeusedinconjunctionwithothervouchersorany other discounts or promotions provided or advertised from time to time unless otherwise stated.
- Promotional Vouchers may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
- No members of the Moovez Group will not be liable to you, any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Promotional Voucher or any failure or inability of a customer or household to use a Promotional Voucher for any reason.
- 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 Promotional Vouchers or to vary or terminate the operation of a Promotional Voucher at any time without notice.
- Gift Card Terms and Moovez Credits
- Moovez may grant you credit toward eligible purchases as set out in these terms (“Eligible Purchases”) in the form of Moovez gift cards (“Gift Cards”) or Moovez credit (“Moovez Credit”). When you purchase a Gift Card, you are purchasing credit toward Eligible Purchases in a particular dollar amount and currency that is stored in an electronic form and linked to a unique gift card claim code (“Claim Code”). To use a Gift Card, you must have a Moovez Customer Account, log in to your Moovez Customer Account, and apply the Gift Card to your Moovez Customer Account by entering the Claim Code on the Moovez Platform. Moovez Credit is credit toward Eligible Purchases in a particular dollar amount that is associated with a unique Moovez Customer Account. The value of Moovez Credit including credit from Gift Cards applied to your Moovez Customer Account is referred to as your “Moovez Credit Balance”. When you apply a Gift Card to your Moovez Customer Account, your Moovez Credit Balance will be credited by the dollar value of the Gift Card, and the value associated with the Claim Code will be reduced to zero. From time to time, Moovez may also issue Moovez Credit to you for other purposes (for example, to refund a purchase that you have made). Your Moovez Credit Balance includes the total remaining balance of all Moovez Credit that has been applied to your Moovez Customer Account by way of Gift Card or otherwise, but not yet applied to a purchase. To check your Moovez Credit Balance, log in to your Moovez Customer Account. To check the balance of a Gift Card before it has been applied to a Moovez Customer Account, simply review the email or other document in which you received the Gift Card, where the face value will be printed.
- The Eligible Purchases that you may purchase using Gift Cards and Moovez Credit consist of Goods, including all fees and costs on the Order for those Goods which you are permitted to purchase in accordance with these Terms of Service. Moovez reserves the right to restrict the use of Gift Cards and Moovez Credit to comply with applicable law. Gift Cards and Moovez Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they were paid or credited for.
- When you make a purchase from your Moovez Customer Account using Moovez Credit (including Moovez Credit from a Gift Card), the value of the Moovez Credit that you use for that purchase will be deducted from your Moovez Credit Balance. As long as you are only purchasing Eligible Purchases, you may use Moovez Credit to pay for all fees and costs on your Order, including but not limited to the cost of move, delivery charges, tips, and taxes. Any unused Moovez Credit Balance will remain associated with your Moovez Customer Account. If the cost of an Order exceeds your Moovez Credit Balance, the remaining amount must be paid with another payment method.
- Gift Cards and Moovez Credit do not expire.There are no fees associated with purchasing, using, or redeeming Gift Cards or Moovez Credit.
- Moovez Cards and Moovez Credit cannot be resold (except with the express written permission of Moovez), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, or redeemed for cash, except to the extent required by applicable law. Gift Cards cannot be reloaded. No portion of your Moovez Credit Balance may be transferred to another Moovez Customer Account or otherwise assigned or transferred to another person. Moovez Credit cannot be used in conjunction with Cash Orders.
- The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Moovez is not responsible if any Gift Card is lost, stolen or destroyed, if your Moovez Credit Balance or any Gift Card is used without your permission, or if you lose access to your Moovez Customer Account or any Moovez Credits.
- Gift Cards and Moovez Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Gift Card and Moovez Credit grant.
- Moovez has the right to void Gift Cards or Moovez Credit, close Moovez Customer Accounts and bill alternative forms of payment if it suspects that a Gift Card is obtained, used or applied to a Moovez Customer Account (or Moovez Credit is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms of Service, or in a manner that abuses the Moovez Platform.
- For greater certainty, to the extent permitted by law, 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 Gift Cards or Moovez Credit.
- Contests/Competitions
- From time to time, Moovez may run contests or competitions (“Contests”). Those Contests will be subject to these Terms of Service, as well as rules specific to each Contest (“Contest Rules”).
- In general, Contests for Canadian users will be open to individual residents of Canada over the age of majority in the province or territory in which they reside, with the exception of:
- employees, representatives and agents (and persons with whom they are domiciled, whether related or not) of Moovez Group, its advertising and promotion agencies; and
- residents of Quebec, unless specified in the Contest Rules.
The Contest Rules may specify other eligibility rules.
- For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms of Service) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.
- WAIVER AND RELEASE OF LIABILITY
BY ACKNOWLEDGING THESE TERMS YOU WILL WAIVE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE – PLEASE READ CAREFULLY
MOOVEZ PLATFORM moving and delivery services (the “Services”)
- ACKNOWLEDGMENT OF RISK
I am aware that the Services involve many RISKS AND DANGERS. I understand that known and unknown risks and dangers associated with use of the Services may result in PROPERTY DAMAGE or LOSS to myself and/or other parties. Those risks include, but are not limited to, the risk of injury, death, property damage or loss resulting from the possible malfunction of equipment, falling over obstacles, diseases, heat stroke, heart attack, and other ailments. I understand as well that property damage or loss may be caused or contributed to by the NEGLIGENCE AND CARELESSNESS of others.
- PROTECTED PARTIES
I am aware that in creating this waiver, MOOVEZ is contracting on its own behalf and as an agent for any and all of its owners, shareholders, contractors, employees, directors, officers, and volunteers. This includes but is not limited to the owner(s) of the land used where the services are delivered (hereinafter referred to as the “Premises”). All previously mentioned parties are hereinafter collectively referred to as the “Releasees”. I agree that the consideration for this WAIVER comes from the Releasees in permitting my use of the Services.
III. ASSUMPTION OF RISK AND RELEASE OF LIABILITY
In consideration of the Releasees undertaking to provide access to the Premises, provision of the Services and/or equipment to enable my use of the Services, I agree, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that:
(1) I ASSUME AND ACCEPT, WITHOUT LIMITATION, ALL RISKS AND DANGERS associated with my use of or use of the Services, including, but not limited to, those risks and dangers which may be unknown, unlikely, unforeseeable or impossible to predict or imagine at this time;
(2) I ASSUME FULL RESPONSIBILITY for understanding and following the rules and safe practices associated with the use of or use of the Services for my personal safety, and that of other parties;
(3) I RELEASE, WAIVE AND FULLY DISCHARGE THE RELEASEES from any and all claims, demands, obligations and liabilities of any nature whatsoever for any loss, damage, injury, expenses (including legal fees and expenses), that I or my next of kin may suffer arising from or connected, directly or indirectly, with the presence at, or use of the Services or use of the Services including, but not limited to, any claim based on NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT AND BREACH OF STATUTORY DUTY OR OTHER DUTY;
(4) I WILL INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any and all liability for loss, damage, injury or expenses suffered or incurred by me or anyone else in connection with my presence at, or use of or use of the Services;
(5) I ASSUME AND ACCEPT, WITHOUT LIMITATION, ANY AND ALL LIABILITY for loss, damage, injury or expenses to the Releasees or any and all third parties, CAUSED OR CONTRIBUTED TO BY MYSELF WHILE ON THE PREMISES OR WHILE PARTICIPATING IN OR USING THE SERVICES including, but not limited to, any claim based on NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT AND BREACH OF STATUTORY DUTY OR OTHER DUTY;
I HAVE READ THIS DOCUMENT THOROUGHLY. I UNDERSTAND THAT, BY ACKNOWLEDGING THIS DOCUMENT, I GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I UNDERSTAND THAT MOOVEZ AND ALL RELEASEES ARE RELYING ON MY FULL RELEASE AND WAIVER OF ALL CLAIMS AS PARTIAL CONSIDERATION FOR PERMITTING MY USE OF OR USE OF THE SERVICES.
I AGREE THAT THIS WAIVER IS MADE OF MY OWN FREE WILL AND WITHOUT DURESS AND THAT I HAVE FREELY AND VOLUNTARILY ELECTED TO ASSUME ALL OF THESE DANGERS AND RISKS, TO GIVE UP IMPORTANT LEGAL RIGHTS AS SET OUT IN THIS DOCUMENT, AND TO USE THE SERVICES.
IF CUSTOMER IS UNDER 18 YEARS OF AGE:
This is to certify that I, as parent/guardian with legal responsibility for this Customer, do consent and agree not only to his/her release of MOOVEZ and all Releasees but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, my assigns, and next of kin.