ACCEPTANCE OF THESE TERMS AND CONDITIONS
Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you even if you are simply browsing moovooz.com or the Application (as defined below) (collectively, the “Site) without requesting a moving quote or contacting us. Moovooz, Inc (“us,” “we” or “our”) owns and operates this Site. These Terms are in addition to, and not in lieu of, any other conditions outlined on our Site and agreement(s) we may enter into with any user, mover or an affiliate. These Terms were last updated on January 29, 2015. We may revise these Terms from time to time when we feel it is appropriate, without prior notice to you. Your continued use of the Site after we have posted the revised Terms constitutes your acceptance of the changes. Therefore, please check this page periodically to take notice of any changes we made. If you do not want to accept and agree to these Terms and Conditions, you must exit the Site.
- Neutral Venue. Our Site is a neutral online venue that provides pricing, comparison and booking service to Movers (as defined below) and their customers. We are neither Movers nor brokers, and we do not assume any carrier, insurance or related obligations. With respect to Registered Movers (as defined below), we only deal with licensed and insured movers, however, as a neutral platform, we do not vouch for any particular Mover. We do not represent that any information provided by the Movers through our Site is accurate.
- Movers’ Performance. Our agreements with participating Movers (“Registered Movers“) hold them to a high professional standard of performance. Please be aware that the Registered Movers are contractually obligated to us to adhere to high standards of industry. That includes treating you with courtesy and respect, adequately securing your items, utilizing only appropriate equipment, being punctual and doing their best to accommodate any reasonable requests that you may have from time to time. Any Registered Mover may be removed from out network for breach of those obligations.
Also, the Site contains a large directory of Movers of whom details were uploaded either by other end users or by ourselves (“Unregistered Movers“, and, collectively with the Registered Movers, the “Movers“). However, please note that any of the Movers, whether Registered Movers or Unregistered Movers, are independent contractors. We have no control over their actions and therefore cannot guarantee that each Mover will perform according to your needs.
- Our Price Guarantee. Your satisfaction is very important to us. We guarantee that following an approval by the relevant Registered Mover, which will be obtained in no more than 24 hours as of your booking, the move price of Registered Movers will not increase as long as the description of the items to be moved, addresses and other details accurately represent what you inputted on our Site, and as further detailed in our Moving Terms available at https://www.moovooz.com/moving-terms/. If the Mover attempts to charge you more, you shall contact us immediately. If we are unable to resolve the situation and you end up paying more, we will pay the difference and deal with the mover. Please note that the prices mentioned in the Site with respect to the Unregistered Movers are only an estimate, and are not binding to Us or to the Unregistered Movers in any way.
- ACCOUNT AND SECURITY
In order to use certain features and/or services set forth under the Site, you will be required to perform a registration procedure and create your own account (the “Account“, and the “Registration Process“, respectively).
As part of the Registration Process, You shall select a user name and password (which can be automatically generated), as well as your email address (and other details, as required in the Registration Process). You may also log-in by using Your Facebook account credentials.
You are responsible for maintaining the confidentiality of Your Account, user name and password, and You agree to accept responsibility for all activities that occur under your Account.
You may not create more than one Account and/or
Disclose your username and password to anyone and/or otherwise enable another person to log-in to your Account.
Users registering as Movers, at their sole risk and liability, may disclose their log-in information only to their authorized personnel and may utilize the services hereunder through such personnel.
If you would like to terminate Your Account and discontinue using the Site, you may send us an email to firstname.lastname@example.org requesting to delete your Account and we will delete it is soon as possible. Upon deletion, your Account will terminate and you will no longer be able to access any of the services in the Site. For the avoidance if doubt, deleting your account shall not relieve you from any liabilities and/or obligations accrued prior to such termination.
Although We have no obligation to screen, edit or monitor any of the content uploaded to the Site b, We explicitly reserve the right, at our sole discretion, to remove or edit, without giving any prior notice, any content available on the Site at any time and for any reason, with or without notice and you are solely responsible for creating backup copies of and replacing any such content you post or store on the Site at your sole expense.
- General. The Site and/or any derivatives there from, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, real property discretions, videos, photographs, illustrations and the manner in which they are portrayed, sounds, music, designs, specifications, data, technical data, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property“), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Site, including without limitation, graphics, photos, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos may be owned by third parties. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to you under these Terms. By publishing any content through the Site you hereby warrant and represent that such content do not infringe any third party rights, and that you have the full power, title, licenses and authority to use the Site and publish such content therein. You shall not copy, reproduce or replicate any intellectual property so as to cause confusion to the public as to the ownership or identity of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site.
- License to Your Feedback. If you submit any feedback or suggestions regarding the Site, its services or Movers, we use your feedback or suggestions without obligation to you. You agree to only submit truthful, accurate and not misleading information.
- DMCA. We respect the intellectual property rights of others and require our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Website if such claims are reported to our designated DMCA Copyright Agent at email@example.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
- Trademarks Our logo and other commercial identifiers We use in connection with the Site are all trademarks and/or trade names of Ours or of our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and you agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
Movers may also use logos, trademarks, trade names or other commercial identifiers (the “Movers Trademarks”). We explicitly disclaim any representation, warrantee and/or liability express or implied, with respect to any such Movers Trademarks, and no right, license, or interest to such Movers Trademarks is granted hereunder.
SNAP N’ MOVE APPLICATION
As part of the services offered through the site, we own and operate the Snap N’ Move application, which enabled users to ask for a quote by simply taking pictures or videos of the whatever you wish to move (“Submitted Material”) and uploading them to the application (collectively, the “Application”).
If you have downloaded the Application, Subject to the limitations and restrictions provided in these Terms, we grant You a limited, non-exclusive, non-sub licensable, non-transferable, worldwide license, to install and use the Application in accordance with the terms and conditions of these Terms for the sole purpose of enabling you to use the Application through any web, mobile or portable device which may use Android Operating System and/or iOS Operating System (“Mobile Device”). For the avoidance of doubt, it is hereby made clear that these Terms do not convey to you any interest in or title to the Application and/or Site, but only limited rights to use the Application solely in accordance with the terms and conditions hereunder.
FEEDBACKS AND OTHER GENERATED CONTENT
- User Generated Content. All users may be able to post and/or upload various content, including information in public message areas such as blogs, forums and Feedbacks (as defined below), including, without limitation, the Submitted Material, pictures, videos and other text material via the Site (collectively “User Generated Content“). Each user is solely responsible for any and all User Generated Content posted, transferred or uploaded by them or under their Account to or through the Site. We have the right, but no obligation, to remove under Our sole discretion any User Generated Content for any reason, including without limitation in case We suspect or believe that the User Generated Content is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party’s rights, including intellectual property rights, copyrights and/or privacy rights and/or these Terms or other policies. Unless the User Generated Content was transmitted to a third party via the Site (as is the case for Pictures, which are transmitted to Movers on order to receive their quotes), you can ask us to remove any User Generated Content uploaded by you to the Site by sending a message to firstname.lastname@example.org. As mentioned above, we transmit the Picture to Movers and other partners in order to provide you with quotes and other services through the Site. We cannot guarantee the security of the Pictures, and you are uploading them at your own risk. We disclaim all liability with regard to the Pictures and any damage you think may have been caused to you in connection with the Pictures, including, without limitation, privacy issues.
- Feedbacks. Users may have the option to rate certain Movers in accordance with a given scale (“Feedback Rating“) and/or in writing (“Feedback Wording“), regarding any services, experience and comments that are available through the Site. We may compile all the Feedback Rating and Feedback Wording and composite a number and/or a visual scale which shall represent the feedback rate of the feedback’s subject (the “Aggregated Rate“) (Feedback Wording, Feedback Rating and Aggregated Rate shall be collectively referred to under these Terms as the “Feedback“). We may, under Our sole discretion, publish the Aggregated Rate alone, or with the relevant Feedback Wording and/or Feedback Rating, in a whole or in parts. However, You acknowledge that any reliance on Feedback or other User Generated Content posted by other users will be at your own risk.
You may not (i) take any actions that may undermine the integrity of the Feedback system; (ii) market or export your Feedback in any venue other than the Site; (iii) import feedback from other websites or venues to the Site; (iv) threaten any third party, including a user, to leave negative or neutral Feedback if your demands will not be satisfied by that third party; or (v) artificially enhance in any way your Feedback.
We have the right, but no obligation, to remove under Our sole discretion any Feedback in case We suspect or believe, under Our sole discretion, that the Feedback is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party’s rights, including intellectual property rights, copyrights and/or privacy rights and/or these Terms or other policies.
- User Generated Content License. It is hereby clarified that You retain all of your ownership rights to your User Generated Material. However, by submitting or uploading your User Generated Content to the Site, You hereby grant Us a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, make available and perform the User Generated Content only in connection with the Site and Our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You further agree not to take action against Us in relation to User Generated Content that you submit.
We may integrate commercials and advertisements in the Site. All the information contained in such commercials and advertisements belong solely to Us or Our advertisers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements.
EXCEPT FOR OUR PRICE GUARANTEE, WE MAKE NO OTHER WARRANTIES OR REPRESENTATIONS WHATSOEVER. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES AVAILABLE THROUGH IT IS AT YOUR OWN RISK.
THE SITE IS PROVIDED HERE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE APPLICATION IS IN ITS BETA PHASE, BOTH WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE, AT ANY TIME.
WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE SITE OR OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE SITE.
WE MAKE NO REPRESENTATION REGARDING THE QUALITY, ACCURACY AND EFFICIENCY OF THE SITE, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY RELIANCE OR EXPECTATIONS OF USERS WITH RESPECT TO THE QUALITY, ACCURACY AND EFFICIENCY OF THE SITE AND/OR THE INFORMATION OR SERVICES DERIVED FROM THE SITE, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF THROUGH THE SITE.
LIMITATION OF LIABILITY.
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY SERVICES OBTAINED THROUGH THE SITE, ANY USE OF OTHER USERS OF YOUR USER’S INFORMATION OR THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN SIX MONTHS AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
By using this Site, you represent, warrant and agree that:
- You are at least 18 years of age and of full capacity to form a legally binding contract.
- You will provide a valid payment method information when necessary and pay all sums due when due. You will not file any chargeback or claim without first attempting to resolve the dispute informally with the mover and us.
- All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions.
- Your acceptance of these Terms does not and will not violate any other agreement to which you are bound, or any law, rule, regulation, order or judgment to which you are subject;
- Your use of the Site has not been previously suspended, nor your access to the Site has been previously blocked by Us;
- You are solely and exclusively liable for your conduct via the Site, and for any content which would be posted, transmitted and/or transferred on your behalf, including the feedbacks or any other content that will be transmitted to any other user, or Mover on your behalf. Other than as strictly permitted hereunder You are using the Site strictly for personal, and non commercial purposes, for your own benefit, and you Site or any content available there-under to generate any revenues, whether directly or indirectly, without Our prior written consent.
You will not:
- attempt to transport any illegal, hazardous or perishable materials, including, without limitation, firearms, contraband, narcotics, combustibles, car batteries, paint, etc. Furthermore, neither we nor Movers will accept liability for claims of lost currency, financial documents, sentimental or personally important items (e.g. photographs, letters, etc.).
- copy Our Site’s content for republication, either online or on paper, without prior express written permission from MooVoo, Inc.
- submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- access our Site in order to gain a competitive advantage.
- use the Site for illegal purposes. You will remain responsible for complying with all laws applicable to your use of the Site or services obtained through it.
- interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party’s intellectual property rights and rights of privacy and publicity.
- transmit or otherwise make available through or in connection with the Platform any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Website, the Services and/or the Platform
- interfere with or violate other users’ rights to privacy, or harvest or collect data and information about other users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Site index and/or data-mine information;
TERMINATION OF YOUR ACCOUNT AND TERMINATION OF SITE’S OPERATION
At any time, We may block your access to the Site, temporarily or permanently limit, suspend or terminate your Account, for any reason, at our sole discretion, in addition to any other remedies that may be available to Us under any applicable law. Such actions may be taken if We deem, at our sole discretion, that You have breached any of these Terms in any manner or that You do not fully comply with our requirements as introduced from time to time and/or the applicable laws.
Additionally, We may at any time, at our sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice, and without any refunds of fees paid hereunder. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data.
REMEDIES FOR BREACH
We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, immediately, upon the first request, from and against any claims, actions or demands ,damages, obligations, losses, liabilities, costs, debts, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) injury, death or property damage (ii) your breach of these Terms, including any abusive or unlawful behavior, or (iii) your infringement of any third party rights, including, but not limited to, intellectual property or privacy rights of any entity and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Site. This defense and indemnification obligation will survive these Terms, without any limitations on scope or amount, and shall apply to third-party claims as well as claims between you and us.
GOVERNING LAW AND JURISDICTION
By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of Delaware without regard to its conflict of laws principles which would result in application of any other law. You also agree to submit to the personal jurisdiction and venue of the courts sitting in Wilmington, Delaware, and acknowledge that you do so voluntarily, while remaining responsible for complying with your local laws.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Linking. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
- Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
Please refer to the FAQ sections of the Site for more details regarding the moving services. If you need to contact us, please direct your questions, comments or concerns to: email@example.com