Muve-it Inc. User Terms & Conditions
These Muve-it Inc.– Terms and Conditions – (“Muve-it Terms”) govern the access or use by you, an individual, from within the country of Canada on any platform, applications, websites, content, products, and services (the “Muve-it Services”) made available by Muve-it Inc. (“Muve-it”)
Scope of these Muve-it Terms
Muve-it Services may be provided by Muve-it or, if specified in these Muve-it Terms or any supplemental terms, affiliates of Muve-it.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE MUVE-IT SERVICES.
Location: Once you have downloaded the Muve-it app. The Muve-it app will request permission to use your location data
While logged into the Muve-it app the app collects location data to enable users to locate drivers upon request as well, enables drivers of the Muve-It app to locate customers upon request.
The use of Location data will provide Realtime monitoring during an active requested service call.
Camara: Once you have downloaded the Muve-it app. The Muve-it app will request permission to use your Camara
The Camara will allow the user to capture images of items they would like transported. It will further provide confirmation images of items when moved to final destination.
Notification: Once you have downloaded the Muve-it app. The Muve-it app will request permission to provide you with notifications.
These notifications will advise of service call intervals along with direct in app communication between current customer and driver
Storage: Once you have downloaded the Muve-it app. The Muve-it app will request permission to access storage.
This permission will allow efficient communication by hold small amounts of data required to run your service call.
Muve-it is an on-demand lead generation service that enable users to connect with drivers of pickup trucks/Cargo Vans to seek, receive and fulfill on-demand requests for hauling services (the “Services”). Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Muve-it. If you do not agree to these Terms, you may not access or use the Services. Muve-it may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Muve-it may at times enter into a separate Master Services Agreement with business entities. For any conflicts between this Muve-it user agreement and the Master Service Agreement, the Master Service Agreement will take precedence over this Muve-it user agreement.
Muve-it may amend the Terms related to the Services from time to time. Amendments will be effective upon Muve-it’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. THE MUVE-IT SERVICE
Muve-it will provide the Muve-it Services to you in accordance with these Muve-it Terms. The Muve-it Services constitute the provision of a technology platform that enables you, as a user of Muve-it’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with Muve-it or its affiliates (“Third Party Providers”), including: (i) retain hauling services from those Third Party Providers; and (ii) the purchase of hauling services from those Third Party Providers; (b) subject to you accepting the Muve-it Terms, purchase hauling services provided by those Third Party Providers from an Muve-it affiliate via the Muve-it Application, under a separate agreement between you and that affiliate; (c) facilitate payments to Third Party Providers for the services provided to you by those parties and receive receipts from a Muve-it affiliate for those payments; and (d) provide related content or services including customer support
The Muve-it Services are made available solely for your personal, non-commercial use, unless Muve-it has agreed with you otherwise in a separate agreement. You acknowledge that: (a) Muve-it does not provide transportation services or function as a transportation carrier; (b) all such transportation services are provided by Third Party Providers which are independent third party contractors who are not employed by Muve-it or any of its affiliates; (c) Muve-it does not provide transportation services; and (d) transportation services provided by such Third Party Providers may be purchased by you from a Muve-it affiliate via the Muve-it Application in accordance with the Muve-it Terms. For clarity, Third Party Providers are solely responsible for the services they provide to you.
Subject to your compliance with these Muve-it Terms, Muve-it grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Muve-it Services; and (ii) access and use any content, information and related materials that may be made available through the Muve-it Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Muve-it and Muve-it’s licensors.
You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Muve-it Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Muve-it Services except as expressly permitted by Muve-it; (iii) decompile, reverse engineer or disassemble the Muve-it Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Muve-it Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Muve-it Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Muve-it Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Muve-it Services or its related systems or networks.
Third party Services and Content
You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple app stores or Android app stores (“App Store”). You acknowledge and agree that these Muve-it Terms are between you and Muve-it and not with the App Stores and that Muve-it is responsible for the provision of the Muve-it Services as described in these Muve-it Terms. However, you acknowledge and agree that if you access the Muve-it Services using Applications developed for Apple iOS, Android, Microsoft Windows or Blackberry-powered mobile devices, then Apple Inc. (“Apple”), Google Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates, respectively, are third-party beneficiaries of these Muve-it Terms. Upon your acceptance of these Muve-it Term, Apple and other applicable parties shall have the right (and will be deemed to have accepted the right) to enforce these Muve-it Terms against you as a third-party beneficiary thereof. These Muve-it Terms incorporate by reference any terms set forth in the applicable third party beneficiary’s terms of service, including in Apple’s case, Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application and User License Agreement and these Muve-it Terms, the terms of these Muve-it Terms will govern.
The Muve-it Services and all rights therein are and shall remain Muve-it’s property or the property of Muve-it’s licensors. Neither these Muve-it Terms nor your use of the Muve-it Services convey or grant to you any rights: (i) in or related to the Muve-it Services except for the limited licence granted above; or (ii) to use or reference in any manner Muve-it’s company names, logos, product and service names, trademarks or services marks or those of Muve-it’s licensors.
Muve-it Active Area
The services that you may request using the Muve-it Services are available in designated areas as communicated via the Application from time to time (“Muve-it Active Area”). Muve-it does not guarantee that you will be able to use the Muve-it Services to request any such services in the Muve-it Active Area at all times.
3. YOUR USE OF THE MUVE-IT SERVICES
In order to use most aspects of the Muve-it Services, you must register for and maintain an active personal user of the Muve-it Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Muve-it Service permits otherwise. Account registration requires you to submit to Muve-it certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Muve-it Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Muve-it in writing, you may only possess one Account.
User Requirements and Conduct
The Muve-it Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive hauling services from Third Party Providers unless they are accompanied by you, and you agree to take full responsibility for the acts or omissions of the persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Muve-it Services, and you may only access or use the Muve-it Services for lawful purposes (e.g., no hauling of unlawful or hazardous materials) and in accordance with these Muve-it Terms. You will not, in your use of the Muve-it Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including Muve-it, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of age, identity, or other method of identity verification to access or use the Muve-it Services, and you agree that you may be denied access to or use of the Muve-it Services if you refuse to provide proof of identity or other method of identity verification.
The following items are strictly prohibited by you as a user of the Muve-it application and shall not be placed in or about any Third Party drivers Vehicle: (a) no transportation whatsoever of any person or animal (b) no transportation of articles of exceptional value such as antiques, heirlooms, extravagant furniture, fine art, jewels/jewelry, gold or other precious metals - generally items that are valued at or over $10,000 are considered exceptional value; (c) no transportation of hazardous materials of any kind, including, but not limited to explosives, flammable liquids, flammable solids, and/or poisonous or infectious substances, or anything designated by the Department of Transportation as hazardous materials; (d) no transportation of firearms, ammunition or other explosive materials; and (e) no transportation of goods deemed to be, for any reason, believe are illegal or stolen.
Where a driver agrees to provide you with assistance of your cargo outside of the vehicle, you acknowledge and agree that neither Muve-it nor the Third Party Provider is responsible for any damage, injury or incident that may arise out of the assistance provided by the Third Party Provider.
Loading and Securement of Cargo
Inspection. Safety to yourself and to others is everyone’s primary concern. You are responsible to reject any Third Party service where your item(s) cannot be safely placed and secured in or about your Third Party service providers Vehicle. You are responsible for ensuring the proper loading and securement of your Cargo.
By creating an Account, you agree that Muve-it or its affiliates may send you electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Muve-it Services and to send you marketing and promotional messages about any of Muve-it’s Applications, products or services. Where it may be impracticable (including for push notifications) to include an unsubscribe mechanism in certain commercial electronic messages, you may opt-out of receiving commercial electronic messages from Muve-it at any time. You also acknowledge that opting out of receiving electronic messages may impact your use of the Muve-it Services. You also acknowledge that opting out of receiving certain electronic messages may impact your use of the Muve-It Services.
User Provided Content
Muve-it may, in Muve-it’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Muve-it through the Muve-it Services textual, audio, and/or visual content and information, including commentary and feedback related to the Muve-it Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Muve-it, you grant Muve-it and its affiliates a worldwide, perpetual, irrevocable, transferable, licence for no fee, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Muve-it Services and Muve-it’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Muve-it and its affiliates the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Muve-it’s or its affiliates’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Muve-it in its sole discretion, whether or not such material may be protected by law. Muve-it may, but is not obligated to, review, monitor, or remove User Content, at Muve-it’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Muve-it Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Muve-it Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Muve-it Services and Applications and any updates thereto. Muve-it does not guarantee that the Muve-it Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Muve-it Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that that use of the Muve-it Services may result in charges to you for the services you receive from a Third Party Provider (“Third Party Charges”). After you have received services through your use of the Muve-it Service, Muve-it or one of its affiliates will facilitate your payment of the applicable Third Party Charges as such Third Party Provider’s limited collection agent. Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Third Party Charges will be inclusive of applicable taxes where required by law. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by Muve-it. Subject to local regulations, you retain the right to request to increase or lower Third Party Charges from a Third Party Provider for hauling services received by you from such Third Party Provider. A Muve-it affiliate will respond accordingly to any request from a Third Party Provider to modify the Third Party Charges for a particular service.
All Third Party Charges are due immediately and payment will be facilitated by Muve-it or a Muve-it affiliate using the preferred payment method designated in your Account, after which you will be sent a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Muve-it or an Muve-it affiliate may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.
You acknowledge that Muve-it or a Muve-it affiliate may establish or adjust Third Party Charges for any or all services obtained through the use of the Muve-it Services at any time at the direction of the Third Party Provider or otherwise in Muve-it or the Muve-it affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge. Further, you acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. Muve-it will use reasonable efforts to ensure that it or the Muve-it affiliate informs you of Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account.
You acknowledge that Muve-it or an Muve-it affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Muve-it Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Muve-it Services or the Third Party Charges applied to you.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Muve-it does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Muve-it Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Muve-it Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
You may elect to cancel your service request from a Third Party Provider two (2) minutes after you have initiated a service call. After this two minute period you may be charged a cancellation fee. If the transportation services are cancelled for any reason not attributed to you in accordance with Muve-it’s or its affiliates’ cancellation policies, you may be entitled to a refund for any charges paid.
If any hauling services provided by a Third Party Provider fail or are cancelled for reasons that Muve-it determines, acting reasonably, are attributable to you (for example, you provided an incorrect hauling address or do not show arrive for your call in the allocated time frame), you will be charged a fee of no more than the full price of the hauling services purchased from the Third Party Provider. If any hauling services provided by a Third Party Provider fail or are cancelled for any reason that Muve-it determines, acting reasonably, are not attributed to you, you may be entitled to a refund for any charges paid for those hauling services.
If any hauling services provided by a Third Party Provider arrives at your designated location ,notifies you of their arrival, and you are not at the designated location within the allocated 10 minutes, after being notified of drivers arrival. You will be charged a fee of no more than the full price of the hauling services purchased from the Third Party Provider. If any hauling services provided by a Third-Party Provider fail or are cancelled for any reason that Muve-it determines, acting reasonably, are not attributed to you, you may be entitled to a refund for any charges paid for those hauling services.
If you require a correction to be made to any Third Party Charge you incurred, you must notify Muve-it in writing within 30 days after the Third Party Charge was invoiced after which Muve-it will have no further responsibility and you waive your right to later dispute the amounts charged.
Repair, Cleaning or Other Fees
Muve-it may charge you a fee if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in Muve-it’s sole discretion, based on the type of damage and the severity. Muve-it reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an Muve-it affiliate in the affiliate’s reasonable discretion, Muve-it reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Muve-it to the applicable Third Party Provider and are non-refundable.
Additionally, if you fail to comply with these Muve-it Terms you may be responsible for additional fees or charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Muve-it Terms.
5. DISCLAIMERS; LIMITATION OF LIABILITY;
APPLICATION TO MUVE-IT AND ITS AFFILIATES
The limitations and disclaimer in this section apply to the liability of Muve-it and its affiliates under these Muve-it Terms, including in relation to any of the Muve-it Services. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer under applicable law.
THE MUVE-IT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. MUVE-IT AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE MUVE-IT TERMS (INCLUDING ANY SUPPLEMENTAL TERMS, WHERE APPLICABLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE MUVE-IT SERVICES OR ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE MUVE-IT SERVICES, OR THAT THE MUVE-IT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MUVE-IT AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE MUVE-IT SERVICES, AND ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE MUVE-IT SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. MUVE-IT DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF MUVE-IT. MUVE-IT DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. MUVE-IT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
MUVE-IT AND ITS AFFILIATES 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 MUVE-IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MUVE-IT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE MUVE-IT SERVICES OR YOUR INABILITY TO ACCESS OR USE THE MUVE-IT SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MUVE-IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MUVE-IT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MUVE-IT’S REASONABLE CONTROL. MUVE-IT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CARGO RESTRAINT SYSTEMS FOR CARGO ON HAULS REQUESTED THROUGH THE SERVICES FOR WHOM CARGO RESTRAINT SYSTEM IS LEGALLY REQUIRED. IN NO EVENT SHALL MUVE-IT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND CANADIAN DOLLARS (CAD $1,000).
THE MUVE-IT SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LOGISTICS OR HAULING SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MUVE-IT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HAULING SERVICES OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS .
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
You agree to indemnify and hold Muve-it and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Muve-it Services or services or goods obtained through your use of the Muve-it Services; (ii) your breach or violation of any of these Muve-it Terms; (iii) Muve-it’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).
6. DISPUTE RESOLUTION
Governing law; Venue and Jurisdiction
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, without giving effect to principles of conflicts of law that would result in the application of the laws of any other jurisdiction; provided, however, that the Arbitration Act, 1991 (Ontario), as amended from time to time, shall govern all matters of arbitration law and arbitration procedure in connection with any arbitration conducted pursuant hereto. AS SET OUT BELOW, EACH PARTY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF COMPETENT PROVINCIAL AND FEDERAL COURTS IN THE PROVINCE OF ONTARIO, CANADA FOR ANY LITIGATION OR PROCEEDING ARISING OUT OF OR RELATING TO THE MUVE-IT SERVICES OR THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND TO THE VENUE OF SUCH LITIGATION OR PROCEEDING AS KITCHENER, ONTARIO, CANADA.
Dispute Resolution; Arbitration
Attempt to Resolve. In the event of any dispute arising out of or relating to the Muve-it Services or this Agreement or the transactions contemplated herein (a “Dispute”), the parties shall attempt in good faith promptly to resolve such dispute. Any party may give the other written notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement of such disputing party’s position. Within fifteen (15) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place in Kitchener, Ontario, Canada, and thereafter as long as they reasonably deem necessary, to attempt to resolve the dispute. All documents and other information or data on which each party relies concerning the dispute shall be furnished or made available on reasonable terms to the other party at or before the first meeting of the parties’ representatives as provided by this paragraph. The meeting described in this paragraph shall be a condition precedent to the commencement of any arbitration proceeding or litigation by either party, provided that this provision shall not apply to any action that (i) seeks injunctive relief or (ii) must be commenced or filed (or not be dismissed) to avoid prejudicing a party’s rights.
Any Dispute if not resolved as provided above shall be settled by arbitration in accordance with the Arbitration Act, 1991 (Ontario), and amendments thereto. Every such Dispute shall be referred to a single arbitrator, if the parties or their legal representatives agree upon one, but should the parties or their legal representatives be unable to agree upon the identity of such single arbitrator within thirty (30) days, then such dispute, difference or disagreement shall be referred to a single arbitrator, to be appointed by a Judge of the Superior Court of Justice, which arbitrator shall conduct the arbitration pursuant to The Arbitration Act, 1991, and amendments thereto, in Kitchener, Ontario, Canada, and every award or determination shall be final and binding on all the parties hereto, their heirs, successors and assigns and there shall be no appeal therefrom.
The fees and expenses of the arbitrator incurred in resolving the dispute shall be borne equally by the parties. Notwithstanding the foregoing, the prevailing party in any arbitration will be entitled to an award of legal fees, expert witness fees and all costs of the arbitration (including the fees and expenses of the arbitrator), such fees, costs and expenses to be paid by the non-prevailing party. The arbitrator will be required to make an award of such fees, costs and expenses to the prevailing party.
7. OTHER PROVISIONS
Claims of Copyright Infringement
Claims of copyright infringement must be sent to Muve-it’s designated agent. Please visit Muve-its web page at https://www.Muve-it.com/legal for the designated address and additional information.
Muve-it may give notice by means of a general notice on the Muve-it Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Muve-it by written communication by registered mail addressed to Muve-it at 51 Breithaupt Street, Suite #100, Kitchener, ON N2H 5G5.
You may not assign or transfer these Muve-it Terms in whole or in part without Muve-it’s prior written approval. You give your approval to Muve-it for it to assign or transfer these Muve-it Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Muve-it’s equity, business or assets; or (iii) a successor by merger.
No joint venture, partnership, employment or agency relationship exists between you, Muve-it or any Third Party Provider as a result of the contract between you and Muve-it or use of the Muve-it Services.
If any provision of these Muve-it Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Muve-it Terms but the legality, validity and enforceability of the other provisions in these Muve-it Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Muve-it Terms.
These Muve-it Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer under applicable law. In these Muve-it Terms, the words “including” and “include” mean “including, but not limited to”