NOTICE TO USER—PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This website and any application we associate with these Terms (together the “Site“) are provided by Moves Financial Inc. operating as Moves (“Moves“). Moves provides business services to approved members of the gig economy (together with the Site, the “Services”). The Site may provide information about our Services, allow you to submit an application for Services, and allow you to access certain information related to your use of our Services subject to these terms and conditions of use as amended from time to time (the “Terms“).
By using the Services, you are signifying that you have read, fully understand and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations as they may change from time to time.
To use the Services, you must be able to form legally binding contracts, and may be required to agree to additional terms or agreements that apply to the particular Services you request. In the event of any conflict between these Terms, and the terms or agreement that governs a particular Service, such as a business cash advance contract, the provisions of such terms or agreement that apply to the particular Service will govern to the extent of the conflict.
IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS YOU MUST REFRAIN FROM USING THIS SITE AND THE SERVICES.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.
Certain features and/or portions of the Services may be password-protected and may require you to complete a registration process and create an account (“Account”) in order to obtain access. When registering to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. If you do not provide or update such information, or if we suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Account, username and/or password and prevent you from using the applicable Services, or any features or portions of the Services.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other Account identifiers that you choose or that are assigned to you; and (c) all activities that occur under such password(s) or Account(s). It is your responsibility to keep your username and any password confidential and secure. In the event that your Account, username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information specified below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us.
You are solely responsible for any and all activities which occur under your user Account.
MOVES GRANTS YOU A LIMITED LICENSE TO MAKE PERSONAL USE ONLY OF THE SITE. Moves owns or licenses the rights in and to the Site, all underlying software, HTML and other source code, the Site templates, introductory pages, covers and dividers including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Site or any portion thereof for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed. Moves reserves all other rights not expressly granted herein.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Moves or other third party individuals or entities. Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Moves are the property of their respective owners, and, where used by Moves are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Move’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.
Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created. The Site and the ability to contribute material (a “Contribution“) on this Site are provided to you solely for your information and enjoyment.
When you make a Contribution or otherwise use the Services, you agree not to use the Site or Services to upload, post, copy, reproduce, distribute or otherwise transmit any online information, including but not limited to any Contribution including, text, images, photos, logos or trademarks (the “Content“) in any way or to submit any material that:
You acknowledge and agree that the Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content and that you may not rely on any such Content. You must abide by all additional copyright notices or other restrictions contained on the Site. If you should violate any of the Terms of this Agreement, your right to use this Site may be discontinued without notice to you.
You agree that you shall not use the Site to:
Further, you agree that you shall not engage in prohibited or unauthorized use of the Site, or of Moves systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site.
By communicating with Moves, including submitting or sending a Contribution, Content, or other information, you grant to Moves the world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate, create compilations and derivative works from to reproduce and otherwise use such Contribution or Content for any or all commercial or other purposes as further determined by Moves. You hereby waive all moral rights in and to all Contributions or Content that you post on, upload or otherwise submit to or through, the Site in favour of Moves.
By using the Site and providing Content, you hereby acknowledge, agree, warrant and represent to Moves that any and all Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to Moves that:
You may be able to link to third parties’ web sites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Moves and Moves is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Prior permission must be granted by us for any type of link to the Site.
Without limiting any other provision(s) of these Terms, you acknowledge and agree that Moves has no obligation whatsoever under these Terms or otherwise to correct any defects or errors in the Site or Services, or any component of the Services, regardless of whether you inform Moves of such defects or errors or Moves otherwise is, or becomes aware of, such defects or errors.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE SERVICES, AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE, AND/OR THE CONTENT ON THE SITE, WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF MOVES. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT MOVES HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MOVES. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT WILL MOVES, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, INABILITY TO ACCESS OR USE OF THE SITE OR FOR ANY INJURY TO YOUR COMPUTER OR DEVICE, INCLUSIVE OF VIRUSES, OR FOR ANY OMISSIONS, INACCURACIES, DELETIONS OR ALTERATIONS ON THE SITE OR OF CONTENT, ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION OF CONTENT, DEFECT, THEFT, DESTRUCTION OR OUT OF INFECTION BY VIRUSES OR ANY OTHER DESTRUCTIVE PROPERTIES OR INTERRUPTIONS OR ERRORS ON THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Moves, its officers, directors, agents and employees (the “Releasees”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms. Moves reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Moves in asserting any available defense.
Our Site and Services are not intended for persons under the age of majority where they reside.
While we are under no legal obligation to actively screen or edit user Contributions or Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user Contributions or Content, or to request a user to modify or edit his or her user Contributions or Content, if a complaint or notice of allegedly infringing materials is received with respect to the user Contributions or Content, or for any other reason in our discretion.
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, or any other intellectual property law, you agree to promptly report any alleged copyright, or trade-mark or other infringements taking place on or through Site by providing a written notice with the following information:
To complain about user Contributions or Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: [email protected]
Changes may be made at any time to the information at this Site without prior notice. Unfortunately, there may be inadvertent errors on the Site from time to time. Please consult Moves for complete and up-to-date information on products and services.
For users who are not individuals residing in the province of Quebec, you agree that the laws of the province of Ontario and the federal laws of Canada applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Toronto in the province of Ontario in all disputes arising out of your use of the Site, the Services and any claim involving Moves or its employees, contractors, officers, directors, telecommunication providers and content providers.
For users who are individuals residing in the province of Quebec, you agree that the laws of the province of Quebec and the federal laws of Canada applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Montreal in the province of Quebec in all disputes arising out of your use of the Site, the Services and any claim involving Moves or its employees, contractors, officers, directors, telecommunication providers and content providers.
Moves makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms were last revised. In addition, if you have registered for an Account, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. As required by law, or at our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of these Terms, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
As permitted by applicable law, when you communicate with us or enter these Terms electronically, such as online or via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed or in writing.
The following terms apply when you use a mobile application obtained from Google Play or the Apple App Store (an “App Distributor”): (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android or Apple operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Moves is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country and (ii) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
You shall not transfer or assign any of your rights or obligations under this agreement. Moves may transfer, assign or sublicense any of its rights and obligations under this agreement to a third party. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
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