TERMS OF USE

These Terms of Use were updated on April 25, 2020 .

1. CONTRACTUAL RELATIONSHIP

 

Gomove Technologies (Gomove) owns and operates the Gomove Platform, an online service that includes websites, technology, components, applications, content, products and services (the Gomove Platform). These Terms of Use (Terms) govern the access or use of the Gomove Platform, including all of the content on or available through the Gomove Platform, by you, an individual who has registered with Gomove and has a user account or a profile in a user account as explained below (Users).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE GOMOVE PLATFORM.

Your access and use of the Gomove Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Gomove. If you do not agree to these Terms, you may not access or use the Gomove Platform.

Gomove reserves the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time. Amendments will be effective upon Gomove's posting of such updated Terms at this location. Your continued access or use of the Gomove Platform after such posting constitutes your consent to be bound by the Terms, as amended. The date on which these Terms were last amended will appear at the beginning thereof.

On notice to you, Gomove may immediately terminate these Terms, and/or access to the Gomove Platform, or cease offering or deny access to the Gomove Platform or any portion thereof, at any time for any reason.

In order to use the Gomove Platform, you must register for the Gomove Platform and provide certain personal information.

Our collection and use of personal information in connection with the Gomove Platform is as provided in Gomove's Privacy Policy located at https://gomove.co/en/legal/privacy/ , the terms of which form an integral part of this agreement. Gomove may provide to a claims processor or an insurer any necessary information, including your contact information, if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider, as hereinafter defined, including a transportation network company driver, and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE GOMOVE PLATFORM

 

The Gomove Platform constitutes a technology platform that enables Users of Gomove's mobile applications or websites to arrange and schedule transportation services and/or logistics services with independent third party providers of such services under agreement with Gomove or certain of Gomove's affiliates (Third Party Providers). You acknowledge that Gomove 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 Gomove or any of its affiliates. Unless otherwise agreed by Gomove in a separate written agreement with you, the Gomove Platform is made available solely for your personal, non-commercial use. If you would like to obtain access to the Gomove Platform for commercial purposes, please contact gomove@gomove.co .

 

A. LICENSE

Subject to your compliance with these Terms, Gomove grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the applications on your personal device solely in connection with your use of the Gomove Platform; and (ii) access and use any content, information and related materials that may be made available through the Gomove Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Gomove and Gomove's licensors.

B. RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Gomove Platform; (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 Gomove Platform except as expressly permitted by Gomove; (iii) decompile, reverse engineer or disassemble the Gomove Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Gomove Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Gomove Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Gomove Platform; (vi) attempt to gain unauthorized access to or impair any aspect of the Gomove Platform or its related systems or networks; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (viii) use the Gomove Platform in a manner that violates any laws.
Neither these Terms nor your use of the Gomove Platform convey or grant to you any rights to use or reference in any manner Gomove's brand elements, company name, logo, product and service names, trademarks or services marks or those of Gomove's licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content, except as expressly permitted by these Terms.

C. THIRD PARTY GOMOVE PLATFORM AND CONTENT

The Gomove Platform may be made available or accessed in connection with third party services and content, including advertising, that Gomove does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Gomove does not endorse such third party services and content and in no event shall Gomove be responsible or liable for any products or services of such third party providers.

D. OWNERSHIP

The Gomove Platform and all rights therein are and shall remain Gomove's property or the property of Gomove's licensors. Neither these Terms nor your use of the Gomove Platform convey or grant to you any rights: (i) in or related to the Gomove Platform except for the limited license granted above; or (ii) to use or reference in any manner Gomove's company names, logos, product and service names, trademarks or Gomove Platform marks or those of Gomove's licensors.

 

3. YOUR USE OF THE GOMOVE PLATFORM

 

A. USER ACCOUNTS

In order to use most aspects of the Gomove Platform, you must register for and maintain an active personal user Gomove Platform 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. Account registration requires you to submit to Gomove 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 and use the Gomove Platform or Gomove's termination of these Terms with you. 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 Gomove in writing, you may only possess one Account.

B. USER REQUIREMENTS AND CONDUCT

The Gomove Platform is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Gomove Platform, and you may only use the Gomove Platform for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Gomove Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Gomove Platform, and you agree that you may be denied access to or use of the Gomove Platform if you refuse to provide proof of identity.

C. TEXT MESSAGING

By creating an Account, you agree that the Gomove Platform may send you text (SMS) messages as part of the normal business operation of your use of the Gomove Platform.

D. PROMOTIONAL CODES

Gomove may, in Gomove's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Gomove Platform and/or a Third Party Provider's services, subject to any additional terms that Gomove establishes on a per promotional code basis (Promo Codes). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Gomove; (iii) may be disabled by Gomove at any time for any reason without liability to Gomove; (iv) may only be used pursuant to the specific terms that Gomove establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Gomove reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gomove determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

4. PAYMENT

You understand that use of the Gomove Platform 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 Gomove Platform, Gomove will facilitate your payment of the applicable Charges on behalf of the Third Party Provider through a third party payment service provider. 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 Gomove. 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. Gomove 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.

As between you and Gomove, Gomove reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Gomove Platform at any time in Gomove's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Gomove will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Gomove may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Gomove Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Gomove Platform or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the service or goods provided. Gomove does not designate any portion of your payment as a tip or gratuity to the Third Party Provider.

Any representation by Gomove (on Gomove's website, in the application, or in Gomove's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Gomove provides any additional amounts, beyond those described above, 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 or goods obtained through the Gomove Platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Gomove Platform, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Access and use of the Gomove Platform is free. At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, and by notifying you by email, change this policy and begin charging for access to the Gomove Platform and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.

CANCELLATION POLICY

A. MORE THAN 48 HOURS

There is no charge if the delivery or the move is cancelled less than 24 hours after booking.

If the move is cancelled more than 24 hours after the reservation, a $100 cancellation fee will be charged.

B. 48 HOURS OR LESS

If the delivery or the move is cancelled less than 48 hours, the full amount of the estimation will be charged.

 

 

5. USER PROVIDED CONTENT

 

Gomove may, in Gomove's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Gomove through the Gomove Platform, textual, audio, and/or visual content and information, including commentary and feedback related to the Gomove Platform, 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 Gomove, you grant Gomove a worldwide, perpetual, irrevocable, transferable, royalty-free license, 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, 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, licenses, consents and releases necessary to grant Gomove the license 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 Gomove's 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.

User Content transmitted to the Gomove Platform by Users is the sole responsibility of Users. This means that the User, and not Gomove is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Gomove Platform. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User Content (including consents to collect, use and disclose personal information of customers under applicable privacy laws). By using the Gomove Platform, you represent, warrant and covenant that you have obtained all necessary consents to collect any personal information and that you will comply with all applicable laws, including privacy laws.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Gomove in its sole discretion, whether or not such material may be protected by law. Gomove may, but shall not be obligated to, review, monitor, or remove User Content, at Gomove's sole discretion and at any time and for any reason, without notice to you.

Gomove does not control User Content uploaded to the Gomove Platform and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Gomove be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Gomove Platform.

6. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Gomove Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Gomove Platform 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 Gomove Platform and applications and any updates thereto. Gomove does not guarantee that the Gomove Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Gomove Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7. CONFIDENTIAL INFORMATION

From time to time, Gomove may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party's Confidential Information to any person or entity, except to the receiving party's employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under these Terms. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under these Terms, including to make required court filings. Each party's obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of these Terms for as long as such Confidential Information remains subject to trade secret protection under applicable law.

8. TERMINATION

As set out above, Gomove reserves the right to suspend or terminate any User's access or use of the Gomove Platform at any time, for any reason. If your Account is terminated, Gomove will have no further obligation to provide access to the Gomove Platform, except to the extent there is an obligation to provide you with access to your information.
You may deactivate your Account at any time, for any reason, by logging in to your Account. Please see our Privacy Policy located at https://gomove.co/en/legal/privacy/ in relation to our management of personal information.

 

9. DISCLAIMER

THE GOMOVE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." GOMOVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOMOVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE GOMOVE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOMOVE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE GOMOVE PLATFORM, AND ANY RISK RELATED TO ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH.

 

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE SHALL GOMOVE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OR RELIANCE ON THE GOMOVE PLATFORM AND/OR TRANSPORTATION SERVICES AND/OR LOGISTICS SERVICES PROVIDED BY THIRD PARTY PROVIDERS. GOMOVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE GOMOVE PLATFORM AND/OR TRANSPORTATION SERVICES AND/OR LOGISTICS SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE GOMOVE PLATFORM AND/OR TRANSPORTATION SERVICES AND/OR LOGISTICS SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GOMOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOMOVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOMOVE'S REASONABLE CONTROL.
YOU AGREE THAT GOMOVE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE GOMOVE PLATFORM OR THE TRANSPORTATION SERVICES AND/OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 10 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

11. INDEMNITY

You agree to indemnify and hold harmless Gomove, its officers, directors, employees, agents, parent, subsidiaries, affiliates, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Gomove Platform or services or goods obtained through your use of the Gomove Platform; (ii) your breach or violation of any of these Terms; (iii) Gomove's use of your User Content; or (iv) your violation of the rights of any third party, including other Users or Third Party Providers.

 

12. GENERAL PROVISIONS

 

 

A. WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

B. SEVERABILITY

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

C. ENTIRE AGREEMENT

These Terms constitute the entire agreement and understanding of Gomove and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.

D. GOVERNING LAW AND JURISDICTION

The Gomove Platform and these Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Gomove Platform and under these Terms will be instituted in the courts of the Province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

E. NOTICE

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 Gomove by written communication to Gomove's address at:

Gomove

2200 Stanley Street, Zú

Montreal, Quebec, H3A 1R6

Attention: Sam CHERHABIL

gomove@gomove.co

F. CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT

Gomove respects the intellectual property rights of others and expects its Users to do the same. If you are a copyright owner or trademark owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trademark, please report alleged infringements taking place on or through the Gomove Platform to gomove@gomove.co, indicating "Copyright Claim" or "Trademark Claim" as the case may be in the e-mail's subject and by providing the following information:

1. Copyrighted work that you claim has been infringed;

2. Material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Provide your full legal name, mailing address, telephone number, and, if available, email address.

G. CLAIMS OF PROPERTY DAMAGE

Gomove is not responsible for damages to property incurred in connection to services provided to you by Third Party Providers. You are advised to purchase the applicable insurance to ensure the safety of your property.

Gomove may, in its sole discretion, provide compensation for damages incurred in connection to services provided to you by third party providers, up to a maximum monetary amount of $200 CAD, the whole without admission or acknowledgement of liability on Gomove's part. Please submit any claims to gomove@gomove.co for evaluation.

H. NON-ASSIGNMENT

These Terms are not assignable, transferable, or to be sublicensed by you except with Gomove's prior written consent. Gomove may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

I. NO JOINT VENTURE, PARTNERSHIP OR EMPLOYMENT

No joint venture, partnership, employment or agency relationship exists between you, Gomove or any Third Party Provider as a result of the contract between you and Gomove or use of the Gomove Platform.

J. LINKS TO EXTERNAL WEBSITES

Links on Gomove's Platform to other websites or resources including those operated by parties other than Gomove, are provided for your convenience. Gomove is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. Gomove is not responsible even where we link you to those resources or refer you for your convenience.