1. Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Moovler 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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOOVLER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on Moovler.ca) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Moovler may amend the Terms from time to time. Amendments will be effective upon Moovler’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
If Moovler changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Moovler written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above.
This written notice must be provided either (a) by mail or hand delivery to our address service of process, c/o Moovler Inc., or (b) by email from the email address associated with your Account to email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
Moovler’s collection and use of personal information in connection with the Services is described in Moovler’s Privacy Statement, located at https://moovler.ca/privacy-policy/.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Moovler on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Moovler, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Moovler by someone else.
Agreement to Binding Arbitration Between You and Moovler.
You and Moovler agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Moovler, and not in a court of law.
You acknowledge and agree that you and Moovler are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Moovler otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Moovler each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The refer the dispute to a single arbitrator for final resolution by arbitration administered by the Alternative Dispute Resolution Institute of Canada Inc. (“ADRIC”) under its National Arbitration Rules (“ADRIC Arbitration Rules”), and to provide that if the arbitrator determines, after giving both Parties an opportunity to make submissions on the issue, that a Party has failed to act diligently and in good faith to advance and conclude the arbitration, then the arbitrator will resolve the arbitration in favour of the other Party.
The parties agree that the arbitrator (“Arbitrator”), and not the federal court or provincial court of any province or territory within the Dominion of Canada shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is invalid, unlawful or unenforceable.
A party who desires to initiate arbitration must provide the other party with a written Notice of Request for Arbitration as specified in the ADRIC Arbitration Rules. (ADRIC provides a form Notice of Request for Arbitration – at www.adric.ca or by calling the ADRIC at 1-877-778-475-4353). The Arbitrator will be either (1) a retired judge or (2) an individual from a list of at least three (3) individuals provided by ADRIC as requested by the parties. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Notice of Request for Arbitration, then ADRIC will appoint the Arbitrator in accordance with the ADRIC Arbitration Rules.
Location and Procedure.
Unless you and Moovler otherwise agree, the arbitration will be conducted in the City of Edmonton. The language of the arbitration will be English. The process will be confidential. Only those persons called as witnesses by either Party will be entitled to testify as witnesses in the proceedings. The Parties will deliver materials on a timely basis and take all reasonable steps to put the arbitrator in a position to render a decision as soon as possible.
If your claim does not exceed $4,000.00, then the arbitration will be conducted solely on the basis of documents you and Moovler submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. Subject to the ADRIC Arbitration Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the ADRIC Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of solicitors’ fees and expenses, to the extent provided under applicable law. Moovler will not seek, and hereby waives all rights Moovler may have under applicable law to recover, solicitor’s fees and expenses (which the Parties agree will be on a solicitor-and-his-own-client basis), if Moovler prevails in arbitration.
Your responsibility to pay any ADRIC filing, administrative and arbitrator fees will be solely as set forth in the ADRIC Rules. However, if your claim for damages does not exceed $4,000.00 Moovler will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Notice of Request for Arbitration was frivolous, vexatious or was brought for an improper purpose.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Moovler changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Moovler written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our address for service of process, c/o Moovler Inc. or (b) by email from the email address associated with your Account to firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Moovler in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found by an Arbitrator or any court of competent jurisdiction to be invalid, unenforceable or illegal for any reason, (1) the unenforceable, invalid or unlawful provision shall be severed from these Terms; (2) severance of the invalid, unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule moving services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Moovler or certain of Moovler’s affiliates (“Third Party Providers”). Unless otherwise agreed by Moovler in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
Subject to your compliance with these Terms, Moovler grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Moovler and Moovler’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the 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 Services except as expressly permitted by Moovler; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Moovler’s property or the property of Moovler’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Moovler’s company names, logos, product and service names, trademarks or services marks or those of Moovler’s licensors.
4. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user 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 Service permits otherwise. Account registration requires you to submit to Moovler certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Moovler. 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 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 Moovler in writing, you may only possess one Account.
User Requirements and Conduct.
The Service 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 moving 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 accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services 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 or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls.
You agree that Moovler may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Moovler account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Moovler at any time, either by contacting at email@example.com. If you do not choose to opt out, Moovler may contact you as outlined in its User Privacy Statement, located at https://moovler.ca/privacy-policy/.
Referrals and Promotional Codes.
Moovler may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Moovler establishes. 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 Moovler; (iii) may be disabled by Moovler at any time for any reason without liability to Moovler; (iv) may only be used pursuant to the specific terms that Moovler establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Moovler reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Moovler determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Moovler’s Terms.
User Provided Content.
Moovler may, in Moovler’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Moovler through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the 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 Moovler, you grant Moovler 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 (including in connection with the Services and Moovler’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, licenses, consents and releases necessary to grant Moovler 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 Moovler’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.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Moovler in its sole discretion, whether or not such material may be protected by law. Moovler may, but shall not be obligated to, review, monitor, or remove User Content, at Moovler’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 Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Moovler does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Moovler will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, goods and services tax, or other charges depending on your location.
All Charges and payments will be enabled by Moovler using the preferred payment method designated in your Account, after which you will receive 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 Moovler may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Moovler.
As between you and Moovler, Moovler reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Moovler’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Moovler 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. Moovler 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 Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Moovler may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Moovler will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, 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, and Charges you incur will be owed to the Third Party Provider. Moovler will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Moovler or its affiliates, where Moovler is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Moovler for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Moovler will respond accordingly to any request from you to modify the Charges for a particular service or good. Moovler does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Moovler (on Moovler’s website, in the Application, or in Moovler’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 Moovler provides any additional amounts, beyond those described above, to a Third Party Provider you may use. 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 Service, you are under no obligation to do so. Gratuities are voluntary.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by Moovler in Moovler’s reasonable discretion, Moovler reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Moovler to a Third Party Provider, if applicable, and are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOOVLER 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, MOOVLER 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 THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MOOVLER DOES 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 SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE EXTENT POSSIBLE PURSUANT TO THE LAWS OF CANADA AND THE PROVINCE IN WHICH YOU RESIDE.
LIMITATION OF LIABILITY.
MOOVLER 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, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MOOVLER, EVEN IF MOOVLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOOVLER 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 MOOVLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOOVLER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOOVLER’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity and Release
You agree to:
You agree that items of value of more than $100.00 per pound (including but not limited to, and for illustrative purposes only, jewellery, precious stones, fine silverware, furs or antiques, as well as sentimental and irreplaceable items, such as precious heirlooms) shall not be included in the items to be moved by Moovler.
In addition to the provisions of this Section 6, You specifically agree to indemnify and release Moovler and its directors, officers and/or employees for any losses, costs, damages or expenses which may be suffered with respect to an item not covered in the inventory provided to Moovler (by way of the “Add Items” function within the Moovler app), and that the value of a single item to be moved by Moovler shall not exceed an amount of Three Thousand ($3,000.00) Dollars (a “Special Item”), and that the aggregate value of the goods to be moved by Moovler shall not exceed Four Thousand ($4,000.00) Dollars.
If there is a dispute between the Parties concerning the value of a particular item, including whether an item is in fact a Special Item, it will be governed by the Dispute Resolution process outlined above.
Packed By Owner Boxes
You agree that under no circumstances will Moovler by responsible for any damages, losses, costs, expenses or liability arising out of moving a PBO (Packed By Owner) box.
Moovler reserves the right to refuse to move the PBO or PBOs and You specifically agree to indemnify and release Moovler and its directors, officers and/or employees for any losses, costs, damages or expenses which may be suffered in connection with moving the PBO or PBOs.
7. Other Provisions
This Agreement is governed by and to be construed in accordance with the laws of the Province of Alberta, and the laws of Canada applicable within Alberta.
There is to be no presumption that any ambiguity in this Agreement will be interpreted in favour of any particular Party.
Moovler may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Moovler, with such notice deemed given when received by Moovler, at any time by first class mail or pre-paid post to our address for service of process, c/o Moovler Inc.
You may not assign these Terms without Moovler’s prior written approval. Moovler may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Moovler’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Moovler or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Moovler’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Moovler in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision (whether or not similar), nor will such waiver be binding unless executed in writing by the party to be bound by the waiver.
No failure on the part of a party to exercise, and no delay in exercising any right under this Agreement will operate as a waiver of such right; nor will any single or partial exercise of any such right preclude any other or further exercise of such right or the exercise of any other right.
Except as otherwise specifically provided herein, all monetary amounts in this Terms of Service are stated in Canadian Dollars.
The division of this Terms of Service into articles, sections, paragraphs and clauses and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Terms of Service.
This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto. No other agreements, representations, warranties or other matters, whether oral or written, will be deemed to bind the parties hereto with respect to the subject matter hereof.