- From whom do we collect personal information ?
Depending on the circumstances, we collect from Users directly or from people taking care of an individual with disabilities, such as a member of individual’s family, doctors, or any person legally responsible for an individual (collectively the “Caretakers”). In certain circumstances, a Caretaker can have authority to communicate User’s personal information in cases where consent is granted by the User and the Caretaker. If the consent cannot be granted by the User because of his or her medical situation, we obtain the consent from the Caretaker.
- Why do we collect and use personal information?
We may collect and use personal information in order to manage our business operations, including for the following reasons:
̶ To deliver the Muve’s Family of Services, which includes: to arrange and schedule transportation and/or logistics services;
̶ To bill Users and collect payment for Services;
̶ To understand User abilities so as to perform Service accommodations; ̶ To confirm or authenticate Users’ identities and information;
̶ To fulfill our contractual and legal obligations. For instance, due to our partnerships with governments partners, we have to collect several information from Users.
- What personal information do we collect?
We may collect and process different types of personal information from Users in the course of providing our services. These include:
̶ Contact information which includes first and last name, address, email address and phone number, year of birth;
̶ Transactional information, which includes Users’ credit card number, zip/postal code, cardholder name, and expiration date.
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̶ Identification and other background verification information which includes a copy of driver’s licence ;
̶ Health information, which includes whether the User is in wheelchair and/or has mobility issues, hearing loss, memory loss, vision loss and blindness, speech and/or language disorders, loss of limbs, or other medical conditions that the drivers should know in order to deliver appropriate services to the User;
̶ Plate numbers, make, model and color of the vehicle;
̶ Availabilities and/or working schedule;
̶ Driver’s exact location in temporary storage and driver’s general location in permanent storage.
We may also collect information relating to your use of the App or our Web sites through the use of various technologies. For example, when you visit the App or our Web sites, we may log certain information that your phone or browser sends us, such as your IP address, browser type and language, access time, and referring Web site addresses. We may also collect information about the pages you view within our sites and other actions you take while visiting us. In addition, we may also use such technologies to determine whether you’ve opened an e-mail or clicked on a link contained in an e-mail. Collecting information in this manner allows us to collect statistics about our Web sites usage and effectiveness and personalize your experience while you are on our Web sites, as well as tailor our interactions with you. For details regarding the technologies we employ, see “Cookies, Web Beacon and Other Technologies” below.
From time to time, we may also collect information that pertains to you indirectly through other sources. When we do so, we ask these third parties to confirm that the information was legally acquired and that we have the right to obtain it from them and use it.
The information that we collect, either directly or indirectly, may be combined to help us improve its overall accuracy and completeness and to help us better tailor our interactions with you.
If you wish to request that we no longer use your registration information to provide you services contact us at email@example.com. We will retain and use your registration information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Cookies, Web Beacons and Other Technologies
As mentioned above, we collect information from your use of the App and your visits to our Web sites to help us gather statistics about Service usage and effectiveness, personalize your experience on our sites, and tailor our interactions with you.
We do so through the use of various technologies, including one called “cookies”. A cookie is a piece of data that a Web site can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure Web site usage and effectiveness and to allow for ease of navigation or use and as such, are not associated with any personal information, they are also used at times to personalize a known visitor’s experience
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to a Web site by being associated with profile information or user preferences. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies. Since cookies allow you to take advantage of some of our Web sites’ features, we recommend that you leave them turned on. If you block or otherwise reject our cookies, you will not be able, for instance, to add items to your shopping cart, proceed to checkout, or use any Web site services that require you to sign in.
Some MUVE Web sites also use Web beacon or other technologies to better tailor those sites to provide better customer service. These technologies may be in use on a number of pages across MUVE’s Web sites. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our suppliers. These Web beacons usually work in conjunction with cookies. If you don’t want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies. If you turn off cookies, Web beacon and other technologies will still detect visits to these pages; however, they will not be associated with information otherwise stored in cookies.
We may also include Web beacons in marketing e-mail messages or our newsletters in order to determine whether messages have been opened and links contained within clicked on.
- With whom do we share personal information?
In certain circumstances, in order to perform the Services, we may disclose certain information that we collect from you:
- With Third Party Service Providers who provide services or functions on our behalf, including Stripe, Paypal, Twilio, Google, Mapbox and PubNub (collectively the “Third Party Service Providers”). Third Party Service Providers have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
- With law enforcement and governmental entities when required by law or contract. For greater clarity, we may disclose personal information to governmental entities for purposes such as verifying subsidy info. We may also disclose personal information or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies;
When we disclose your personal information to any third party, we take reasonable measures to ensure that the rules set forth in this Policy are complied with. While we attempt to facilitate access only to those Third Party Service Providers that share our respect for protection of your personal
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information, we are not responsible for the privacy policies or practices of Third Party Service Providers, and you are responsible for reading and understanding those Third Party Service Providers’ privacy policies.
- How long and where do we keep personal information?
We will only keep personal information for as long as reasonably necessary to fulfill the relevant purposes set out in this Policy and in order to comply with our legal and regulatory obligations. Your personal information may be stored and processed in any country where we have facilities or in which we engage Third Party Service Providers.
By using the Service, you consent to the transfer of information to countries outside your country of residence, which countries may have different data protection rules than your country. Your information, in this case, will be subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Our practices regarding your personal information will at all times continue to be governed by this Policy and applicable privacy laws.
If you would like further information regarding the periods for which personal information will be kept, please contact us as set forth in the “How to contact us?” section.
- How do we protect personal information?
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate physical, technical and administrative safeguards to protect personal information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the personal information in our possession. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. If you believe personal information has been compromised, please contact us as set forth in the “How to contact us?” section.
- What rights do you have in relation to your personal information?
Under certain circumstances and in accordance with applicable data protection laws, Users and Caretakers are entitled to ask if we are processing information and, if we are, request access to personal information. Users and Caretakers are also entitled to request that any incomplete or inaccurate personal information we hold be corrected.
To exercise any of these rights, please contact us as set forth in the “How to contact us?” section. 8. How do we make changes to this Policy?
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the App and our website, and indicate the date of the latest revision. Your continued use of MUVE’s Family of
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Services after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
- How to contact us?
For any questions or comments about this Policy or personal information, to make an access or correction request, to make a complaint or to obtain information about our policies and practices with respect to any service providers outside Canada, please contact: firstname.lastname@example.org
[Last Update: March-01-2021]
Version 1.0 posted and effective as of March 01, 2021.
PLEASE READ CAREFULLY, SINCE THIS DOCUMENT INCLUDES LIMITATIONS OF LIABILITY, AS WELL AS DISCLAIMERS OF WARRANTIES, AND OTHER TERMS WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU LACK CAPACITY OR AUTHORITY TO AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP, BROWSE THE SITE, CALL THE CALL CENTER, USE THE DISPATCH SOFTWARE, OR ACCESS THE SERVICES. IF YOU DO ACCESS OR USE THE SERVICES, THEN YOU WILL BE CONSIDERED TO HAVE AGREED TO THESE TERMS.
If you have any question regarding these Terms, you can contact us at:
8201 Keele Street – Unit 1
Concord, ON Canada
- Changes to these Terms
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time-to-time in our discretion, and could occur very close together, or very far apart, depending on the circumstances.
We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new version number. We will include a link to the previous version of the terms beneath the new version number. The amendments will take effect thirty (30) days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply.
If you disagree with any amendments, you may terminate this Agreement by uninstalling the App and ceasing to request, offer, receive, or provide the Services at any time within the thirty (30)-day notice period.
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IF YOU DO NOT UNINSTALL THE APP AND CEASE USING THE SERVICES DURING THAT TIME, THEN BY YOUR CONTINUED USE, YOU HAVE ACCEPTED THE PROPOSED AMENDMENTS.
ADDITIONALLY, IF YOU REINSTALL THE APP OR BEGIN REQUESTING, OFFERING, RECEIVING, OR PROVIDING THE SERVICES AGAIN, YOU HAVE ACCEPTED THE AMENDMENTS THEN IN EFFECT.
MUVE provides a technology platform comprising a mobile application, website, call center, and dispatch software (each, an “Application” or “App”) that enables persons who seek transportation to certain destinations (“Riders”) to arrange and schedule transportation services with independent third party transportation providers, including independent third party transportation providers under agreement with MUVE or certain of MUVE’s affiliates (“Drivers”). Drivers and Riders are collectively referred to herein as “Users.” The Application also allows Users to access and view data or reviews generated by voluntary User input and subsequently provided by MUVE concerning the accessibility of buildings, curbs, locations, or physical spaces to persons with disabilities or movement impairments (“Accessibility Data”).
For purposes of these Terms, the driving services provided by Drivers to Riders that are matched through the App shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
As a User, you authorize MUVE to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations.
Unless otherwise agreed by Driver or Rider in a separate written agreement with you, the Services are solely for your personal, non-commercial use.
YOU AGREE AND ACKNOWLEDGE THAT MUVE DOES NOT PROVIDE TRANSPORTATION SERVICES AND DOES NOT FUNCTION AS A TRANSPORTATION CARRIER, AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MUVE OR ANY OF ITS AFFILIATES.
- a) Licence
We do not sell the Application. You are authorized to use the Application only under the terms of this Agreement. As explained in the previous section, we cannot control – nor accept any responsibility for – any other issues.
Subject to your compliance with this Agreement, and for as long as we provide a marketplace for your request, offer, receipt, and provision of Services through the Application, we grant to you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable licence to: (i) perform
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and use the Application on your personal device solely in connection with your request, offer, receipt, or provision of the Services; and (ii) access and use any content, information and related materials that may be made available through the request, offer, receipt, or provision of Services, in each case solely for your personal, non-commercial use. For greater certainty, this does not include any right to directly access the software, databases, algorithms or data which powers the App, nor any right to obtain a copy of the source code or architecture thereof. Any rights not expressly granted herein are reserved by MUVE and MUVE’s licensors.
The App functions and all rights and data created thereby therein are and shall remain MUVE’s property or the property of MUVE’s licensors. Neither these Terms nor your performance of the App, nor your request, offer, receipt, or provision of the Services convey or grant to you any rights: (i) in or related to the App except for the limited license granted above; or (ii) to use or reference in any manner MUVE’s company names, logos, product and service names, trademarks or services marks or those of MUVE’s licensors.
Your use right under these Terms is a personal, non-commercial right. It does not extend to others, nor commercial activities, nor is it an enterprise-wide right.
Similarly, we do not sell copies of the Site. Instead, we grant you permission to use as necessary for ordinary browsing. As explained in the above, we cannot control – nor accept any responsibility for – any other issues.
- b) Third Party Services and Content
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
- c) Other Services
In addition to connecting Riders with Drivers, the App may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Services to request a carpool ride from a commuter going in your direction (collectively, the “Other Services”).
You understand and that the Other Services are subject to the terms and pricing of the third party service provider. If you choose to purchase Other Services through the App, you authorize MUVE to charge your payment method on file according to the pricing terms set by the third party provider. You agree that MUVE is not responsible and may not be held liable for the Other
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Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the MUVE platform.
- d) Who Can Use Our Services
The App, and the Services it facilitates, may only be used by individuals who can form legally binding contracts under applicable law, and are not available or intended for use by anyone under the age of majority or Users who have had their Account temporarily or permanently deactivated. By using the Application, you represent and warrant that you are at least 18 years old or the age of legal majority in your jurisdiction (if different than 18), and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your account.
If you open an Account or make a transaction for the benefit of or on behalf of another person (including but not limited to a legal person, a patient, a care recipient, or a relative) (collectively, “Act”), then “you” refers to both you and that other person. You must only Act if you have the permission of that person and the authority to bind that person to this Agreement.
- e) Communications
By entering into this Agreement or by your request, offer, receipt, or provision Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications (“Communications”). You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. Communications from MUVE, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account, your performance of the App, or request, offer, receipt, or provision of the Services, updates concerning new and existing App features, communications concerning promotions run by us or our third-party partners, and news concerning MUVE and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
You may opt-out of receiving Communications from MUVE at any time by following the directions found at email@example.com. You acknowledge that opting out of receiving Communications may impact your use of the Services.
- f) Availability of Services
In all cases, your ability to request, offer, receipt, or provide Services via the App requires a stable data connection and access to locational services like GPS. If your phone’s ability to access data via wireless networks or the Internet is compromised, the Services may be delivery slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. Once again, your ability to effectively use the App or to request, offer, receive, or provide Services may be compromised through no fault of MUVE, and we cannot accept any responsibility for any problems or damages which might occur.
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Your ability to successfully request, offer, receive, or provide Services also depends on your device. If your device is damaged, not compatible with the App (including updates to the App), or if you have turned off settings on which the App relies to facilitation communication between Riders and Drivers regarding the to request, receipt, and/or provision of Services (such as location sharing), then your ability to effectively use the App or Services may be compromised through no fault of MUVE, and we cannot accept any responsibility for any problems or damages which might occur.
We may update the App from time to time in order to improve the App and/or the request, offer, receipt, or provision of Services. If you delay or refuse updates to the App, this may compromise or completely prevent us from facilitating the request, offer, receipt, or provision the Services. If you have turned on auto-updates on your device, this will cause updates to the App to install automatically. By turning on auto-update settings, you expressly consent to the installation of updates to the App.
Your ability to effectively request, offer, receive, or provide the App depends on you having access to the latest version of the App. If you delay or refuse updates to the App, this may compromise or completely prevent the App’s functioning and your ability request, offer, receive, or provide the Services. We cannot accept any responsibility for any problems or damages which might occur.
- g) Accessibility Data
This section applies to Accessibility Data made available to you by MUVE by any means or at other physical or electronic locations as part of MUVE’s platform.
MUVE may, from time to time, in MUVE’s sole discretion, permit you or other Users to submit, upload, or otherwise make Accessibility Data available to MUVE through the App. If you generate, submit, upload, or otherwise make available Accessibility Data, you agree to provide and maintain accurate, current, and complete information concerning Accessibility Data, and that we and other members of the public may rely on your provided Accessibility Data as accurate, current, and complete. Any Accessibility Data you submit, upload, or otherwise make available to MUVE may be accessible to MUVE and other Users of the MUVE App.
By providing Accessibility Data to MUVE you shall, and hereby do, assign to MUVE all right title and interest in and to the Accessibility Data you make available or deliver to MUVE through the App. To the extent and in the event that the foregoing assignment is ineffective, you shall, and hereby do, grant to MUVE a fully paid up, royalty free, worldwide, perpetual, irrevocable right and license, with the right sublicense through multiple tiers, to make, have made, use, sell, offer to sell, reproduce, modify, perform, display, and distribute such Accessibility Data in MUVE’s sole discretion in all media now known or hereinafter invented.
You agree and acknowledge that all Accessibility Data that make available or deliver to MUVE through the App is non-proprietary and not confidential.
To get the most out of the Services, it is important to understand the App, as well as the inherent limitations of processing and providing Accessibility Data. We are an information organizer, processor, and provider. We do not directly generate any of the information you see on the App,
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and instead the information is provided to us by third parties and users on a voluntary basis. We cannot, and do not, verify all of this information. This means that if the information provided to us by third parties is inaccurate or incomplete, your ability to effectively use the App or request, receive, or provide Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.
We grant you a nonexclusive, limited, non-transferrable, non-sublicenceable, and revocable right to use, reproduce, and display any Accessibility Data, databases, or publications published by us for use by the general public, as long as you comply with the following terms:
- You must cite MUVE as the source of any Accessibility Data in any publication which you produce that includes, quotes, or relies on Accessibility Data in any way. If your publication is in electronic format, you must link to Muve.com and existing any back links.
- Apart from crediting MUVE as the source of the Accessibility Data, you must not use any MUVE trademarks or any confusingly similar variants.
iii. You must not claim or imply that MUVE endorses your use of the Accessibility Data or the conclusions or derivative works which you might create.
- You agree and acknowledge that the Accessibility Data is being provided on a “as is”, “where is”, “when is”. MUVE does not warrant that data and publications will be error free or complete, and cannot assume responsibility for your use of the Accessibility Data.
- You agree and acknowledge our right to alter, delete, or withdraw Accessibility Data at any time without prior notice.
You agree and acknowledge that MUVE, to the extent permitted by law, maintains all right, title, and interest, including ownership, to all Accessibility Data generated by you and submitted, uploaded, or otherwise made available to MUVE.
- h) User Content
MUVE may, from time to time, in MUVE’s sole discretion, permit you or other Users to provide, upload, publish, or post (including any profile information) or send to other Users (including via in-application feedback, any email feature, or through any MUVE-related Facebook, Twitter or other social media posting) through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and initiation of support requests (“User Content”).
“User Content” does not include Accessibility Data, nor do any written reviews that comprise part of Accessibility Data.
Any User Content you upload, provide, or post on the MUVE Services may be accessible to MUVE and certain Users of the Services.
Whenever you make use of a feature that allows you to upload User Content to our Site or App, or to make contact with other users of our Site or App, you shall not and must not submit, and
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warrant that you have not submitted, works, data, or material which: is defamatory, obscene, offensive, hateful or inflammatory; promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promotes any illegal activity; is threatening, abusive or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety; is likely to harass, upset, embarrass, alarm or annoy any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Any User Content you upload to our Application will be considered non-confidential and non proprietary. You retain all of your ownership rights in your User Content, but by the act of uploading providing, or posting such User Content, you grant MUVE a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence, with the right to sublicence, to make, have made, use, sell, offer for sale, import, store, copy, create derivative works of, publicly display, publicly perform, and otherwise exploit in any manner such User Content and to distribute and make it available to third parties during and after the term of your subscription without the requirement of payment to you or any other person or entity, all in any media now known or hereinafter invented.
You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your User Content as accurate, current and complete.
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 MUVE 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 MUVE’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.
If User Content which you upload to our Application does not meet (or is alleged to not meet) the above requirements, you will shall indemnify, defend, and hold us harmless for any claim, action, suit, liability, proceeding, damage, fee (including attorney’s fees), and costs arising therefrom or relating thereto. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Application if, in our opinion, your post does not comply with the requirements set out above. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Application constitutes a violation of their intellectual property rights, or of their right to privacy.
In addition, MUVE may, but shall not be obligated to, review, monitor, or remove User Content, at MUVE’s sole discretion and at any time and for any reason, without notice to you.
- i) Identification
In certain instances you may be asked to provide proof of identity to request, offer, receive, or provide the Services via the App, and you agree that you may be denied the ability to request,
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offer, receive, or provide the Services if you refuse to provide proof of identity or if such proof is, in MUVE’s sole discretion, inadequate.
- Prohibited Uses and Activities
When installing the App and/or requesting, offering, receiving, or providing the Services, you must comply with all applicable laws and regulations (e.g., no transport of unlawful or hazardous materials). The following obligations apply to your request, offer, receipt, or provision of any or all of the Services. When installing and performing the App and requesting, offering, receiving, or providing the Services, you shall not:
- decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion of the App;
- circumvent any limitations we place on your use of the App or your request, offer, receipt, or provision of the Services;
- use or display the App in such a way that this allows derivation of information about the Services that was not intended to be made available to users;
- circumvent any security features or technological protection measures built into the App;
- automate access to the App or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices, or 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;
- impersonate any person or entity, or attempt to install the App or request, offer, receive, or provide the Services after having been banned by us,
- attempt to gain unauthorized access to or impair any aspect of the App or the Services or its related systems or networks,
- link to, mirror or frame any portion of the App or the Services;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or the Services except as expressly permitted by MUVE;
- remove any copyright, trademark or other proprietary notices from any portion of the App;
- in your request, receipt, or provision of the Services, stalk, threaten, or otherwise harass any person, or carry any weapons, or cause nuisance, annoyance, inconvenience, or property damage, whether to the Driver, Rider, or any other party;
- violate any law, statute, rule, permit, ordinance or regulation;
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- post User Content or interact with any person via the App in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the App or MUVE platform in any way that infringes any third party’s rights, including, without limitation: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- rent, lease, lend, sell, redistribute, license or sublicense the Services or access to any portion of Services;
- transfer or sell your User account, password and/or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App or in connection with the request, offer, receipt, or provision of Services; or,
- cause any third party to engage in the restricted activities above.
- a) Charges
You understand that receipt of Services may result in charges to you for the services you receive from a Driver (“Charges”). After you have received Services obtained through your use of the App, MUVE will facilitate your payment of the applicable Charges on behalf of the Driver as such Driver’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Driver. Charges will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable, unless otherwise determined by MUVE in its sole discretion. You as Rider retain the right to request lower Charges from a Driver for Services received by you from such Driver at the time you receive such Services. MUVE will respond accordingly, in its sole discretion, to any request from a Driver to modify the Charges for a particular service. This no-refund policy shall apply at all times regardless of your decision to terminate your use of the App, your request, offering, receipt, or provision of the Services, any disruption to the MUVE platform or Services, or any other reason whatsoever.
All Charges are due immediately and payment will be facilitated by MUVE using the preferred payment method designated in your Account, after which MUVE will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or
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otherwise not able to be charged, you agree that MUVE may, as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and MUVE, MUVE reserves the right to establish, remove and/or revise Charges for any or all Services at any time in MUVE’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MUVE 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.
All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). MUVE may replace its third-party payment processing services without notice to you. Charges shall only be made through the App. Your payment of Charges to MUVE satisfies your payment obligation for your use of the MUVE App and the receipt of the Services.
- b) Fares
Charges include fares. There are two types of fares, variable and quoted. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from Driver’s phone to calculate the distance traveled on the ride. We do not guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data.
In some cases MUVE may quote a fare at the time of the request for Services. The quote is subject to change until the ride request is confirmed. If during the ride the Rider change the destination, requests multiple stops, or attempts to abuse the MUVE platform, we may cancel the fare quote and charge a variable fare based on the time and distance of the ride. MUVE does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
- c) Gratuities
Following a ride, Riders may elect to tip Drivers in cash or through the MUVE application. Any tips will be provided entirely to the applicable Driver.
The payment structure is intended to fully compensate the Driver for the Services provided. Any representation by MUVE (on MUVE’s website, in the Application, or in MUVE’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments made for Services provided is not intended to suggest that MUVE provides any additional amounts, beyond those described above, to the Driver. Riders understand and agree that, while they are free to provide additional payment as a gratuity to any Driver who provides Rider with Services obtained through the App, that Rider is under no obligation to do so. Gratuities are voluntary.
- d) Fees
You may be charged a “Service Fee” for each ride.
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At times of high demand, in MUVE’s sole discretion, for Services (“Prime Time”) you acknowledge that Charges may increase substantially. For all rides with a variable fare, MUVE will use reasonable efforts to inform Riders of any Prime Time multipliers in effect at the time of Rider’s request. For quoted fares we may factor in the Prime Time multiplier into the quoted price of the ride.
After requesting services from a Driver, a Rider may cancel the request through the App, A cancellation fee may apply, in MUVE’s sole discretion. Riders may also be charged if Rider fails to show up after requesting Services. Please check out our Help Center to learn more about MUVE’s cancellation policy, including applicable fees.
Rider shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver vehicles and property resulting from Rider’s receipt of the Services under Rider’s Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by MUVE in MUVE’s sole discretion, MUVE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver using Rider’s payment method designated in Rider’s Account. Such amounts will be transferred by MUVE to the applicable Driver and are non-refundable. MUVE reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing Repair or Cleaning fees.
In some instances tolls (or return tolls) may apply to a ride. Please see our Help Center and website for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by MUVE will match the toll charged to the Driver, if any (“Tolls”).
Other fee and surcharges may apply to a ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by MUVE or its marketing partners, in their sole discretion, and processing fees for split payments. In addition, where required by law MUVE will collect applicable taxes (“Other Charges”).
- e) Promotions
MUVE 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 obtained through the use of the App, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the App, your request, offer, receipt, or provision of the Charges applied to you.
You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use via the App, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of a ride exceeds the applicable credit or discount value we will charge Rider’s payment method on file for the outstanding cost of the Ride. For quoted or variable fares, MUVE may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. If you split payment for a ride with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant
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promotion or by clicking on the relevant coupon within the Promotions section of the MUVE App.
- f) Drivers
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and MUVE, and which is incorporated by reference. The Driver Addendum is available in the Driver dashboard when you log into your account.
- User Accounts
In order to use the App and to request, offer, receive, or provide most aspects of the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MUVE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access the App and to request, offer, receive, or provide the Services or in MUVE’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MUVE in writing, you may only possess one Account.
You agree that your Account exists to facilitate your use of the App and your request, offer, receipt, or provision the Services, and that you do not own your Account. We can delete, suspend, or modify your Account at any time and for any reason (in our sole discretion), including breach of these Terms while using the App or Services. If we have deleted or suspended your account, or terminated these Terms with you, you may not create new accounts. Any attempt to circumvent this rule will result in the immediate termination of your new Account upon discovery.
You are responsible for the use of your Account and MUVE expressly disclaims any liability arising from the unauthorized use of your Account. You accept full responsibility for all consequences (including unauthorized purchases) of unauthorized third partyaccess to your Account or credentials. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.
You may be able to create or log-in to your Account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to MUVE through an SNS Account, you understand that MUVE may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the App to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your User Content.
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- Intellectual Property
All copyrights, trademarks (registered or unregistered), service marks, trade names, and other intellectual and proprietary rights associated with the MUVE Application and Services are owned by MUVE, including but not limited to graphical user interfaces, logos, images, slogans, taglines, site designs, web designs, non-user-generated content, our organization and presentation of User Content, computer code, database rights, our recommendations formats and systems, and all other aspects of the Application and Services (collectively “App Material”) save and except for user submitted User Content. You are prohibited from making any copies or modifications to any App Material, and from distributing or exploiting any App Material, in whole or in part, other than as may be expressly provided for herein.
All other trademarks, logos, service marks, company or product names set forth in the MUVE platform are the property of their respective owners.
Any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of MUVE immediately upon, and by function of, delivery by you to MUVE. MUVE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Confidential Information
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to MUVE’s business, operations and properties, information about a User made available to you in connection with such User’s use of the App, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by the App or for any purpose other than the use of the App or the request, offer, receipt, or provision of Services. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.
Notwithstanding the above, you shall not have liability to MUVE with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by MUVE or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of MUVE; becomes known to you, without restriction, from a source other than MUVE without breach of this Agreement by you and otherwise not in violation of MUVE’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to MUVE to enable MUVE to seek a protective order or otherwise prevent or restrict such disclosure.
- Disclaimer of Warranties
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NOT APPLICABLE TO QUEBEC CONSUMERS
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE APPLICATION AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, THE FOLLOWING DISCLAIMERS OF REPRESENTATIONS, CONDITIONS, AND WARRANTIES ARE MADE ON BEHALF OF MUVE, OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS.
THE APP IS AND THE SERVICES ARE “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE APP AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, ANY REPRESENTATION, CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE 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.
WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE SERVICES AT ANY GIVEN LOCATION OR TIME OR ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING, WITHOUT LIMITATION, SCHEDULED AND UNSCHEDULED MAINTENANCE.
WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF RIDERS OR DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND YOUR REQUEST, OFFER, PROVISION, OR RECEIPT OF SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR CONDUCT, ACTS, OR OMISSIONS, ONLINE OR OFFLINE, OF ANY USER, INCLUDING UNAUTHORIZED USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR THEIR OPINIONS, ADVICE, STATEMENTS, OFFERS, INFORMATION OR CONTENT MADE THROUGH OUR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED BY THIRD PARTIES USING OUR SERVICES.
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IT IS NOT REASONABLE TO RELY UPON THE OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION CONCERNING US OR MADE AVAILABLE THROUGH THE APP OR IN CONNECTION WITH THE SERVICES, BUT NOT DIRECTLY MADE BY US.
WE DO NOT GUARANTEE THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ACCESSIBILITY DATA AND ANY AND ALL DATA TRACKED, DISPLAYED, OR OTHERWISE PROVIDED BY THE APP. ACCESSIBILITY DATA IS FOR BASIC LOCATION AND INFORMATIONAL PURPOSE ONLY, AND NOT INTENDED TO BE REPLIED UPON IN SITUATIONS WHERE PRECISE INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, OR INCOMPLETE ACCESSIBILITY DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY, OR ENVIRONMENTAL DAMAGE.
- Limitation of Liability
NOT APPLICABLE TO QUEBEC CONSUMERS
WITH THE EXCEPTION OF DIRECT DAMAGES ARISING FROM INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE APPLICATION, THE SERVICES, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME, LEGAL FEES, LITIGATION EXPENSES, OR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MUVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MUVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) YOUR USE, REQUEST, OFFER, RECEIPT OR PROVISION OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE, REQUEST, OFFER, RECEIVE OR PROVIDE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF MUVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MUVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
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THE APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH DRIVERS, BUT YOU AGREE THAT MUVE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- Indemnity & Release
You agree to, and shall, defend, indemnify and hold MUVE and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use, request, offer, receipt, or provision of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MUVE’s use of your User Content; (iv) your violation of the rights of any third party, including Users; (v) any allegation that any materials that you submit to us or transmit through the App or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (vi) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (vii) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person
[NOT APPLICABLE TO QUEBEC CONSUMERS].
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YOU SHALL, AND HEREBY DO, WAIVE, RELEASE, AND DISCHARGE MUVE AND ALL OF ITS OWNERS, STOCKHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND SUCCESSORS IN INTEREST, (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CAUSES OF ACTION, DAMAGES, ACTIONS, CLAIMS AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, RELATING TO OR ARISING FROM ANY ACTIVITY, OCCURRENCE OR EVENT INVOLVING THE APP, ACCESSIBILITY DATA, SERVICES, OR OTHER USERS (COLLECTIVELY, “CLAIMS”) TO THE FULLEST EXTENT PERMITTED BY LAW. THIS RELEASE IS INTENDED TO RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ALL DAMAGES, ACTIONS, CLAIMS AND LIABILITIES OF ANY NATURE, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, DAMAGES, ACTIONS, CLAIMS AND LIABILITIES ARISING FROM OR RELATED TO PERSONAL INJURY AND/OR THE NEGLIGENCE OF THE RELEASED PARTIES. YOU IRREVOCABLY COVENANT NOT TO SUE MUVE OR ANY RELEASED PARTY WITH RESPECT TO ANY CLAIM WAIVED, RELEASED OR DISCHARGED HEREBY.
- Term and Termination
- a) General
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon 30 days’ prior written notice to MUVE; or b) by either Party immediately, without notice, upon the other Party’s material breach of this
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Agreement, including but not limited to any breach of Section 3 or breach of the Driver Addendum.
In addition, we may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below our star rating or cancellation threshold; (3) we have the good faith belief that such action is necessary to protect the safety of the MUVE community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to our reasonable satisfaction prior to our permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to our satisfaction, this Agreement will not be permanently terminated.
- b) Termination without Cause
We may terminate these Terms without cause and without prior notice if we choose to discontinue the App, the Services, or both. You may terminate these Terms without cause at any time by uninstalling the App and ceasing to use the Services.
- c) Survival
Clauses 1, 2.e), 2.h), 6 — 12 shall survive the termination of these Terms regardless of reason.. 12. General
- a) Governing law and jurisdiction
NOT APPLICABLE TO QUEBEC CONSUMERS
These Terms are governed by the laws of Quebec, Canada, without regard to its principles of the conflict of laws.
- b) Dispute Resolution
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful in doing so within sixty (60) days of your complaint, either of us may pursue claims as explained below.
NOT APPLICABLE TO QUEBEC CONSUMERS
Any and all litigation or disputes arising from or related to these Terms or the App or the Services shall be submitted to, and be subject to, the exclusive jurisdiction of the federal courts in the District of Montreal, Quebec, Canada.
- c) Jury Trial Waiver
NOT APPLICABLE TO QUEBEC CONSUMERS
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All disputes arising from or relating to these Terms or the App shall be determined by a judge alone trial. You and us irrevocably waive any right to a trial by jury which might exist in any forum.
- d) Notice
MUVE may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to MUVE by written communication to MUVE’s mailing address at 8201 Keele Street – Unit#1, Concord on L4K 1Z4.
- e) Assignment
You may not assign any of your rights arising under these Terms without our prior written consent. You give your approval to MUVE to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MUVE’s equity, business or assets; or (iii) a successor by merger.
- f) Severance
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
- g) Relationship with MUVE
These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture between you, MUVE, or any Driver as a result of the contract between you and MUVE or use of the Services. Nor do they create any fiduciary duties. You have no authority to bind MUVE, and you undertake not to hold yourself out as an employee, agent or authorized representative of MUVE.
MUVE does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the MUVE platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the MUVE platform, or to cancel an accepted request for Services via the MUVE platform, subject to MUVE’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, MUVE shall have no right to require you to: (a) display MUVE’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing
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displaying MUVE’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
- h) Entire Agreement
NOT APPLICABLE TO QUEBEC CONSUMERS
These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Application and the Services. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Application or the Services. In these Terms, the words “including” and “include” mean “including, but not limited to.
- i) Language
You and us have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.