USER AGREEMENT 

This is a legal agreement between you (either an individual or a company, referred to herein as “you” or “your”) and Movely each on behalf of itself and its subsidiaries and affiliates if any (collectively “Movely” or “We” or “Our” or “Us”), which governs your use of Movely Application in App Store or Google Playstore (“Application”).

Please read this agreement carefully, including without limitation any linked terms and conditions appearing or referenced below, which are hereby made part of this agreement. By using the Application and/or executing this agreement, you are agreeing that you have read, and that you agree to comply with and to be bound by, the terms and conditions of this agreement and all applicable laws and regulations in their entirety without limitation or qualification.

If you do not agree to be bound by this agreement, then you may not access or otherwise use the Application. This agreement is effective as of the first date that you use the Application (“effective date”). If you are an individual representing a Company, you represent and warrant that you have the appropriate authority to accept this agreement on behalf of such Company. You may not use the Application and may not accept this agreement if you are not of legal age to form a binding contract with Movely, or you are barred from using the Application under applicable law.

We are engaged in a business of finding clients for moving companies (here simply referred to as the “Mover”) and ensuring that our clients receive a hassle-free moving experience from such Moving Company. You are hereby engaging us for finding and assigning you a Moving Company which will provide you the Services in consideration of the Fee as described in as per the terms contained in this Agreement.


 

MOVING

  • Services. Subject to this Agreement, Movely will assign you a Moving Company, which will pick up your goods and/or assets and/or belongings on the date and time requested and ordered through the Application to pick up from the specified Pick-up Location and will drop the same at Drop-off Location as entered in the Application. We will hold the approximate moving cost on the customer’s credit card on file as per the details entered and will charge the customer the total cost on trip completion.

  • Appointments or Pick-up and Delivery Times. Pick-ups and deliveries shall be made between 0800 and 2000 hrs local time unless special arrangements have already been made and agreed upon for timing beyond previously mentioned time. Appointments shall be made at no charge. Mover shall not be liable for late deliveries or unkept appointments due to circumstances beyond mover’s control such as but not limited to weather and traffic conditions, store loading and wait times, customer special requests, and other unexpected barriers to loading or unloading.

  • Delivery of Goods. We endeavour to adhere to stipulated delivery deadlines as indicated in Our Application. However, due to the hazards and peculiar features of Our Services, delivery deadlines will not be binding unless expressly agreed otherwise. Our contractual obligations are subject to a case-to-case basis based on your request and additional charges may incur.

  • Limitations of Mover’s Liability for Premise Clearance. Mover assumes no responsibility for insuring or otherwise providing for clearance of lorry through or inspection by premise’s management. Mover is not responsible for the application for entry permit into pick up or delivery premise if the management rule and regulation require entry pass or permit to be applied beforehand. Mover or party in possession shall not be liable for loss, damage, deterioration of the goods or delay in delivery due to the process for management clearance or inspection.

  • Pick-up and Delivery Service. The rates named herein include pick up or delivery at all points within the limits of the cities, towns, villages and other points from and to which rates apply, but each booking will include only pick up and one delivery unless special requests are made, and the additional charges are agreed upon.

  • Waiting Time. Mover shall allow (one) hour of waiting time both for loading and unloading to begin. Such time shall commence from the time the mover arrived or from the time the mover was requested to wait for loading or unloading to start, whichever is later. After one hour wait time, there will be additional charges per minute for extra wait time.

  • Impractical Operations. Nothing in these User Agreement shall require the mover to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the Mover to operate vehicles because of:

  • The condition of roads, streets, driveways or alleys;

  • Inadequate loading or unloading facilities; or

  • Riots, Acts of God, the public enemy, the authority of law, strikes or labour unrest the existence of violence, or such possible disturbances as to create a reasonable apprehension of danger to person or property.

  • Transport and Goods Limitation. There are a number of prohibitions for the use of Movely services. The following cases are specifically prohibited:

  • ABSOLUTELY NO CARRIAGE OF ANY PERSON in cargo compartment for any distance or reason ever.

  • Items of extraordinary value or items that are irreplaceable should not be moved via Movely.

  • NO Hazardous Materials to be carried but are not limited to: explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives.

  • NO firearms, ammunition or other explosive materials.

  • NO illegal goods.

  • Mover does not hold out to transport jewellery, objects d’art, currency, documents items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract.

Mover shall not be required to accept for transportation of any truckload shipment which exceeds gazetted weight limit, or which occupies more than the full visible capacity of the lorry which is provided or size of the lorry that has been booked prior to pick up date even if the lorry provided may be able to carry the excess load.


  • Use of Internet as Medium of Communication and Transaction. You acknowledge that the internet is not a secure medium and information submitted for the Services hosted on Our Application may be accessed by third parties. Movely accepts no liability whatsoever in this circumstance.

  • Documentation of Our Services. Any form of documentation provided by Us must not be copied or made available to any third party or use for any other purpose other than the intended and agreed purpose as indicated in Our Application.


RESPONSIBILITIES OF MOVING COMPANY

Moving Company’s responsibilities shall be limited to the following:

  • To place all furniture and boxes where you want unless it cannot be reasonably expected to reach such place.

  • To assemble the Items that you request in working order.

  • It is only responsible for the Items in its immediate care.

  • It assumes no responsibility for money, jewelry, or other valuables. Please make sure that these items are safely put away before the Moving Company’s crew arrives. 

  • In respect of particle board/ready-to-assemble furniture, please note that these items are not structurally created to be moved once assembled, therefore, the Moving Company will not repair or replace these items in the event they are damaged during the moving process.

  • The staff of the Moving Company will be as careful as possible. However, from time to time, damages may occur. In case a damage is caused by the Moving Company, it will (at its sole discretion) (i) repair the item, or (ii) compensate you for its depreciated value. 

  • Certain items, such as China glass, clocks, glassware, lamps, mirrors, pictures, artwork, flat panel televisions, or any other fragile articles that are not packed & unpacked by the Moving Company, shall only be moved at your own risk. No compensation will be provided for damages caused to such items in cases where these are not packed/unpacked by the Moving Company. 

  • Since the mechanical condition of electronics and appliances is unknown, therefore, the moving Company will only assume the responsibility for items which are mishandled or receive visible damage by its staff. 

  • It is not responsible for unprotected flooring. 

  • If due to an inherent weakness in a piece of furniture (for instance, a defect, prior repair, unstable construction etc.), a damage occurs, you acknowledge and understand that Moving Company will not be liable for any such damage(s).


 

YOUR RESPONSIBILITES 

You shall be responsible for the following:

  • Making timely payment to us.

  • To inspect all of your household/office goods, and to ensure that they are in good condition. 

  • To provide and ensure unobstructed access to the Items that require moving, and also to the Pick-up Location and the Drop-off Location.

  • To acknowledge that there are additional charges for each helper. You will need to specify how many helpers you require at the time of booking.

  • To acknowledge that no packing materials would be provided to you. However, you have the option to order boxes. The boxes would each vary in price, depending on the size and the quantity.

  • To acknowledge the truck driver would not pack any boxes if only the truck is ordered. Therefore, you will need to order helpers as well if packing belongings are needed.

  • To acknowledge the skills of the helpers may vary, and there is guarantee that such helpers will always be able to disassemble all of the heavy furniture. Therefore, in such cases, you will be liable to disassemble such furniture.

  • To provide help for any other reasonable aid and assistance required by the Moving Company.


 

APPLICATION OF ACCESSORIAL CHARGES 

In addition to the base rate and additional services requested for any booking and unless otherwise agreed in writing, the following accessorial charges shall apply and shall be reflected on the amended booking details and receipt shall the customer requested for one.

  • Detention. This item applies when the mover’s vehicles with driver are delayed or detained beyond the free time provided for herein at time of delivery to the customer or at the time of pick-up when such delay is not the fault of the mover. Unless otherwise agreed, charges for detention will be charged to the customer for both unloading and loading. When computing time, the beginning time shall be the time the driver notifies the customer of the driver’s arrival and that the vehicle is available for loading or unloading, as the case may be, but in no case shall time commence prior to the time of any appointment or the actual time of loading or unloading, whichever comes first. When computing detention charges, all non-working time shall be excluded. Non-working time includes lunch breaks, coffee breaks, and rest breaks. If, at the end of business day, unloading has not been completed and cannot be completed that day, the customer shall be given the following options:

  • Mover may return to mover’s terminal with what goods and items have not been unloaded, but mover shall return the following day with the balance of the goods and items during the customer’s available time

If a vehicle is both unloaded and reloaded, each transaction will be considered separately, and free time shall apply to each separately. When a delay occurs beyond free time, the charge for detention shall be $50 per hour or fractions thereof. Mover shall give the customer the opportunity of signing the detention records and the customer to make any corrections to these records at the time. If customer refuses to sign said records, Mover’s records will govern.

  • Cancellation of Booking. Any cancellation shall be made by informing Movely or the assigned mover by call or SMS or cancelling trip in app. If a service is booked and then cancelled within twenty-four (24) hours of scheduled pick-up, customer shall pay 50% of the booking total price or $100 cancellation charge (whichever is higher). If cancelled from 24 hours to 3 days, customer will be charged $100 cancellation fees. And if cancelled in advance anytime >3 days, the customer will be charged $50. Cancellation fee may also be applicable but not limited to the following circumstances: If the mover already arrived discovers, through communication with the customer, that the customer’s items are not eligible for the Services due to not limited to, items under the “TRANSPORT AND GOODS LIMITATIONS” list and/or incorrect information provided by the customer that make the moving process unable to proceed.

  • Payment. No cash payment is provided. All payment must be made through the Application. Once the customer makes the booking and the booking is confirmed by the moving company, the estimated amount will be deducted from the customer's credit card and the final amount will be charged on the card after the completion of the trip. If a customer cancels the trip after booking confirmation and do not reschedule than there will be cancellation fees as mentioned above.

  • Fee. You will be invoiced for the Services. You shall make such payment to us immediately upon the completion of the Services. For security purposes, you will be required to pay for the full trip before it begins, and the money would be placed in a secure bank account.

  • No Refunds.There shall not be any refunds for the services already rendered by our Moving Company to you. However, in case that you do not avail the services, you shall not be entitled to receive your deposit back as the same is non-refundable.

  • Currency.All amounts stated in this Agreement are in Canadian Dollars (CAD), unless provided otherwise.

  • Additional License, Permits and Deposit Fees. Whenever any additional license or permits are required, such as but not limited to, warehouse entrance pass, foreign commerce, customs fee and premise’s management deposit fee, the charge shall be arranged and provided by the customer and not the mover. If and/or when mover(s) are refused entry due to improper documentation, the fee of 50% from the booking total price or $50 will be assessed accordingly. Additional fees for driver detention, and/or storage will also be applicable.

  • Long Push. Movely reserves the right to charge a fee for a ‘long push’ service. A base fare will be charged when movers load and unload your belongings from a minimum distance of 50 meters away from the unloading area to the building entrance or loading bay.

  • Stair Carry. Movely reserves the right to charge a fee for ‘stair carry’ service, a base fare will be charged when movers require to load and unload your belongings using stairs. This applies to a building that an elevator or service lift is not accessible for moving.

  • Manpower only Service. Manpower only service is only available upon request only. The service is also subjected to availability and an additional charge according to the company. You would be charged on hourly basis for each of the helpers required or requested through the Application. At the time of booking, you will be charged for 1 hour of loading and 1 hour of unloading for each of the helpers but depending on the total hours, an additional cost would be charged from you at the time of final payment. The time spent by helpers in transit from Pick-up Location to Drop-off Location will not be deducted from the total hours. Any request for additional service including but not limited to furniture assembly, packing, the boxes to package and wrapping shall follow our standard rate listed on the Application.

  • Fines. You shall be responsible for payment of or reimbursement to the mover, for any fines resulting from excess weight or dimension of any shipment that causes the mover to be in violation of any local, state, or federal law. Fines incurred for equipment defects are the responsibility of the equipment owner.

  • Express Booking. Mover will make pickups and deliveries on the same day/next day the booking was made (Express booking) for an additional charge calculated based on the lorry trip price. In addition, detention as otherwise provided herein shall apply between the time of arrival and loading or unloading and/or the time of subsequent dispatch.

  • Passing of Risk. When your goods are transported or moved for the purpose of transportation, any risk (including accidental loss, destruction or deterioration) (“Risk“) shall pass to you as soon as we have delivered the goods to the assigned mover. As part of Our value-added Services, We will assist in ensuring the highest level of care is administered while handling and transporting your goods but we cannot accept any liability arising therefrom.


 

RESTRICTION ON USE

  • Display. You will not display or otherwise share with any third party any content of the Application or any visualization, filtering, or curation of Application, including without limitation displaying Application in mass-market media and entertainment events, online widget integrations or visualizations, television broadcast or other similar media without prior written approval from Movely. Without limiting the generality of the foregoing, you will not offer or provide content of Application, including any derivative analysis thereof, as a part of an advertising network. You will not bundle or commingle the content of Application with other data in such a way that the Application is not attributed to Movely.

  • Other Limitation. You will not or attempt to (and will not allow others to) (a) copy, sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Application to any third party; (b) use the Application for any illegal, unauthorized or otherwise improper purposes; (c) utilize the Application to derive or obtain non-public information of individual Application users, including without limitation a user’s location (d) access or use the Application in order to build any product or service that is similar to or competitive with any Movely products or services; (e) remove or alter any proprietary notices or marks on the Application or use Application, by itself or bundled with third party data, or derivative analysis from Application, to target users with advertising outside of the Movely platform, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services.

  • Material Provided to Movely. Movely does not claim ownership of the materials you provide to Movely (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting (“Posting“) your Submission you are granting Movely, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of Our Internet businesses (including, without limitation, all Movely Services), including, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Movely may remove any Submission at any time at its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

AUDIT

  • Audit. Movely reserves the right to audit your compliance with the terms and conditions of this Agreement. Movely or its representative may, upon reasonable notice during normal business hours, audit and investigate your use of the Application.

USER PROTECTION

  • User Protection. You will not knowingly display, distribute, or otherwise make available the Application to any person or entity that you reasonably believe will use Application Content in any manner that would have the potential to be inconsistent with Movely users’ reasonable expectations of privacy. You will not conduct and will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. You will not (and will not permit others to) use Application to target, segment, or profile any individual user, based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law.

SECURITY

  • Security. You will keep Application (including, where applicable, personally identifiable data) confidential and secure from unauthorized access by using industry-standard organizational and technical safeguards for such data, and with no less care than it uses in connection with securing similar data stored by Movely. You shall immediately notify Movely consult and cooperate with investigations, assist with any required notices, and provide any information reasonably requested by Movely if you know of or suspects any breach of security or potential vulnerability of the Application and will promptly remedy such breach or potential vulnerability resulting from your access to the Application.

  • Username. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Movely of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Movely will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

DATA PROTECTION

  • Personal Data. Where you provide Personal Data through Application to Movely, Movely shall process that Personal Data in accordance with Privacy Policy, this clause and not do anything to put Movely in breach of Personal Data.

  • Categories. The categories of Personal Data being processed includes name, telephone number, email, Identification Card, Passport, bank transactions and related documents if applicable. Categories of Data Subjects includes Buyer and users of Movely. The nature/purpose of the Processing under this clause is to allow you to make request/booking/order and transaction in the Application.

  • Obligations. We shall:

  • Process the Personal Data only to the extent and in such manner, as is necessary for the purpose to record and engage the Mover and users for the purpose of moving transaction only in accordance with written instruction, relevant policy and this clause;

  • Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk that are prevented by such Processing, to protect in particular against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, taking into account the state of the art the cost of implementation, the nature, scope, context and purposes of processing and the likelihood and severity of risk in relation to the rights and freedoms of the Data Subjects;

  • Not without prior written consent transfer any Personal Data to another territory or organisation;

  • Ensure that any employees or other persons authorised to process the Personal Data are subject to appropriate obligations of confidentiality;

  • Not engage any third party to carry out its Processing under this Agreement without obtaining the prior written consent;

  • On request by you and taking into account the nature of Processing and information available, assist you by:

  • notifying without undue delay on becoming aware of any Personal Data Breach; and

  • where necessary, carrying out and/or reviewing and, if applicable, consult with respect to data protection impact assessments.

  • On request by make available all information necessary to demonstrate your compliance with this clause and otherwise permit, and contribute to audits carried out by you and/or your authorised representative.


 

WARRANTY DISCLAIMER

  • Disclaimer. The Application is provided to you “as is”, with all faults and Movely disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, noninfringement, fitness for a particular purpose, and any warranties or conditions arising out of this agreement, course of dealing or usage of trade. Movely does not warrant that the Application or any other Movely product or service provided hereunder will meet any of your requirements or that use of such Application or other products, or services will be error-free, uninterrupted, virus-free or secure.

  • Third Party Software. The Application may contain software licensed to Movely from third parties including software licensed under open-source licenses (“Third-Party Software”). Additional obligations may apply to any use of Third-Party Software outside of the Licenses granted under this Agreement. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consent in relation to your use of the Third-Party Software.

  • Failure of Service. Such Third-Party Software may temporarily or permanently suspend, stop delivering or fail at delivering their services that are required for Movely to function properly. Whether it is a consequence or not of a breach or termination of a contract by either party. Movely disclaims any liability for the consequences of such actions by such third parties on the capabilities and operation of Movely.


 

LIMITATION OF LIABILITY

  • Limitation. In no event will Movely be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages or any loss of use, data or profits, or damage to business or goodwill, arising out of or in connection with this agreement. In any case, Movely’s aggregate liability for any and all claims under this agreement will not exceed $100.00. The foregoing limitations, exclusions and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. The parties agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.

TRADEMARKS AND INTELLECTUAL PROPERTY

  • Title. All right, title, and interest in and to the Application and documentation, along with all copyright, trademark, patent, and other intellectual property rights and know-how associated therewith, shall remain with Movely and/or its affiliates. There are no implied licenses granted under this Agreement, and all rights not expressly granted to you in this Agreement are reserved.

  • Ownership. The Application and Movely marks are licensed, not sold, and Movely retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Movely, its affiliates and its end users retain all right, title and interest in and to the Application and Movely marks, including all rights in patents (including all applications there for), trademarks, trade names, copyrights, trade secrets, know-how, data, and all proprietary rights under the laws of Malaysia (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging Movely’s ownership of IP Rights, challenging the validity of the licenses granted herein, or otherwise copying or exploiting Movely marks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in the Movely marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Movely, immediately assign such rights to Movely.

  • Intellectual Property. You acknowledge and agree that all intellectual property and copyright in the Confidential Information including any documents, files and other items disclosed by and on behalf of the Movely shall remain the property of Movely. Accordingly, you affirm that all rights, interest, title and intellectual and/or proprietary rights in the Confidential Information shall remain at all times, the sole property of Movely and shall not infringe, exploit, or reverse engineer the intellectual property of Movely in any form whatsoever for personal commercial gains. Breach of this clause will constitute the breach of this Agreement and Movely will be entitled for remedies in law and equity for the breach and damage suffered.

  • No Copying. You shall not at any time, without the Movely’s prior written consent, copy, duplicate, record or otherwise reproduce into any documentation or literature the Trade Secrets or any such confidential materials or any confidential information of Movely, in whole or in part, make the same available to any unauthorised person.

MODIFICATIONS

  • Improvement. We can introduce any improvement, addition, or modification of or to Application. Movely shall not be responsible for any adverse effect that are inflicted on your existing or pre-order or request on Application upon such improvements.

CONFIDENTIALITY

  • Confidentiality. You may be given access to certain non-public information and specifications relating to the Application or this Agreement (“Confidential Information”), which is confidential and proprietary to Movely. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Movely’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.

TERMINATION

  • Termination. Unless terminated earlier in accordance with this section, this Agreement will begin on your acceptance of the terms and conditions herein (or the first day you use the Application) and terminate immediately upon the expiration or termination. Movely may immediately suspend your access to the Application (or if necessary, terminate this Agreement) at any time, and without notice to you, if you breach any term or condition in this Agreement or otherwise engage in activities that Movely reasonably determines may be harmful to the Application, Movely, its end users, or the reputation of any of the foregoing parties. Movely will not be liable for any costs, expenses, or damages as a result of its termination of this Agreement.

EFFECT OF TERMINATION

  • Effect. Upon the effective date of termination of this Agreement (a) all rights and licenses granted hereunder will immediately cease; and (b) within thirty (30) calendar days after such termination, each party will return or destroy all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information, except as required to comply with any applicable legal or accounting record keeping requirement, and You will permanently delete all copies of Application and Movely marks in all forms and types of media in your possession. Neither party will be liable to the other for any damages resulting solely from termination of this Agreement as permitted under this Agreement.

REPRESENTATION

  • No Representation. You shall perform this Agreement solely as you and not as Movely’s servant, agent or employee. You have no authority to make any statement, representation or commitment of any kind or to take any action binding upon Movely, without Movely’s prior written authorization. None of the provisions of this Agreement is to be considered to constitute a partnership or agency between the parties and neither party is to have any authority to bind the other party in any way to any third party.

COPYRIGHT INFRINGEMENT

  • Infringement. If you learn of any threatened or actual infringement of the Intellectual Property, or of any circumstance which suggests that the use of the Intellectual Property may infringe the intellectual property of a third party, you shall immediately inform the Movely giving all such details as Movely requests.

ASSIGNMENT

  • This Agreement are personal to you. You shall not assign or transfer to anyone any of your rights or obligations under this Agreement without our prior written consent. You agree that this Agreement may be automatically assigned by Movely, in its sole discretion, to a third party in the event of a merger or acquisition.

  • Nothing in this Agreement shall be deemed to grant any rights or benefits to any person other than you or us.

WAIVER

  • Any waiver by either you or us of any right under this Agreement will be confined to the circumstance in which it is given. It shall not affect the subsequent enforcement of the same right or the enforcement of any other right.

ENTIRE AGREEMENT

  • This User Agreement contain all our commitments and constitute the entire agreement between you and us in relation to your use of the Application. No other statement we make, including statements in any brochure or promotional literature published by us, may be incorporated into this Agreement or have any legal effect.

GOVERNING LAW 

  • This User License Agreement shall be governed by, and construed in accordance with, the laws of Canada.

CONFLICT

  • Please kindly note that where this Agreement has been translated to any other non-English language, in the event of any inconsistencies in the meaning of any provision of the English language text of this Agreement, the English language text shall prevail.