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TERMS & CONDITIONS

Terms and Conditions of Use

 

These terms and conditions of use (“Terms”) for https://www.moevauto.ca (the “Website”) are a legal agreement between MoEV Auto Inc. (“MoEV Auto”, “us”, “we” or “our”) and you (“you” or “your”). These Terms, together with our Privacy Policy, govern our relationship with you with respect to your use of the Website. 

By using the Website and the features, tools, materials or services made available on the Website (collectively, the “Services”), you accept and agree to be bound and comply with  these Terms and our Privacy Policy, found here www.moevauto.ca/privacy-policy, and incorporated herein by reference. 

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Ability to Accept Terms 

You affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. 

Changes and Amendments

We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Website. When we do, we will revise the date at the bottom of this page. You agree to periodically review the terms and conditions in order to be aware of any such modifications. Continued use of the Website after any such changes shall constitute your continued acceptance of these Terms. If you do not agree with these Terms at any time, you must not use the Website.

Access and Use

We hereby grant you permission to use the Website as set forth in these Terms, provided that: (a) your use of the Website is solely for your personal, non-commercial use; (b) you will not copy or distribute any part of the Website in any medium without our prior written authorization or as otherwise permitted by these Terms; (c) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (d) you will otherwise comply with these Terms.

In addition to the other terms set out in these Terms, you agree that you will not: (a) use the Website to collect or harvest any personal information from the Website, (b) distribute advertisements on the Website or solicit any users of the Website for commercial purposes; (c) upload or transmit any communications or content of any type on the Website that may infringe or violate any rights of any party; (d) use the Website for any purpose in violation of local, provincial, national or international laws or to solicit others to perform or participate in any unlawful acts; (e) use the Website to post or transmit material that is unlawful, discriminatory, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; (f) submit false or misleading information to the Website; or (d) disable, "hack" or otherwise interfere with the proper functioning or security features of the Website. 

We may (in our sole discretion) suspend or terminate your access to or use of the Website without notification for any violation of these Terms, or for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Website, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.

Geographic Restrictions

The owner of the Website is based in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended as advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither MoEV Auto nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of MoEV Auto. Neither MoEV Auto nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials on the Website.

Third Party Services

If you enable, access or use third party services available on the Website, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against MoEV Auto with respect to such other services. MoEV Auto is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. 

Links to Other Websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Our Intellectual Property

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are owned by MoEV Auto, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of MoEV Auto or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners. 

Subject to and conditioned on your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, nonsublicensable license to access and make personal and noncommercial use of the Website or its contents. You are authorized to view, download and print portions of the Website solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Website, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.

You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the MoEV Auto. Any use of the Website or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.

Privacy

By using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of your personal information in compliance with our Privacy Policy, found at www.moevauto.ca/privacy-policy

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, IS AT YOUR OWN RISK. MOEV AUTO AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS DO NOT WARRANT THAT THE WEBSITE IN QUESTION WILL BE UNINTERRUPTED, PROBLEM-FREE, FREE OF OMISSIONS, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE CONTENT AND FUNCTION OF THE WEBSITE ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MOEV AUTO NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,  ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE; ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE WEBSITE; OR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOEV AUTO AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS RELATING TO THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO MOEV AUTO PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless MoEV Auto and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs arising out of or relating to your breach of these Terms or your use or misuse of the Website or Services, including, but not limited to, third-party sites, any use of the Website's content, Services, and products other than as expressly authorized in these Terms.

Governing Law

The formation, interpretation, and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts. 

Severability

Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contacting Us

If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Website, you may send an email to inquiries@moevauto.ca

This document was last updated on May 10th, 2022.

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