TERMS AND CONDITIONS
1. Contractual Relationship
By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms.
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS BEFORE YOU USE THE APPLICATION. IF YOU DO NOT ACCEPT ANY OF THE TERMS, THEN PLEASE DO NOT USE THE APPLICATION OR AVAIL ANY OF THE SERVICES.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND MOEVING IN RESPECT OF THE USE AND SERVICES OF THE APPLICATION.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MOEVING. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MOEVING may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
MOEVING may amend the Terms related to the Services from time to time. Amendments will be effective upon MOEVING’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
All of the defined and capitalized terms in these Terms will have the meaning assigned to them here below:
(i). “Account” shall mean the account created by the user on the Application for availing the Services.
(ii). “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iii). “Application” for purposes these Terms shall mean an application made available to the users through which the users can use the Services subject to their acceptance of the Terms.
(iv). “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of MOEVING.
(v). “Users ”or “You” shall mean the persons using the application for availing Services.
(vi). “Registration Data/Uploaded Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by MOEVING from the User from time to time for registration on the Application.
(vii). “Service(s)” means the recommendations, results and analysis provided by the application
The Services constitute a technology platform that enables users to avail the following Services by using the Application:
(i). Analysis: The users can use the analysis results free of charge and implement changes in
(ii)Feedback: Based on their experience and use of the Services, the Users can provide their Feedback through the website.
Subject to your compliance with these Terms, MOEVING grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MOEVING and MOEVING’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MOEVING; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6.Third Party Services and Content
The Services and all rights therein are and shall remain MOEVING’s property or the property of MOEVING’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MOEVING’s company names, logos, product and service names, trademarks or services marks or those of MOEVING’s licensors.
8. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MOEVING certain personal information, such as your name, address, mobile phone number and age. 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 and use the Services or MOEVING’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 MOEVING in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from MOEVING at any time by following the directions found at resources. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
MOEVING may, in MOEVING’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that MOEVING establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MOEVING; (iii) may be disabled by MOEVING at any time for any reason without liability to MOEVING; (iv) may only be used pursuant to the specific terms that MOEVING establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MOEVING reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that MOEVING determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
MOEVING may, in MOEVING’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MOEVING through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to MOEVING, you grant MOEVING a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MOEVING’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MOEVING 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 MOEVING’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MOEVING in its sole discretion, whether or not such material may be protected by law. MOEVING may, but shall not be obligated to, review, monitor, or remove User Content, at MOEVING’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MOEVING does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
9. Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOEVING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOEVING MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MOEVING DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
YOUR USE OF THE APPLICATION IS AT YOUR RISK. UNDER NO CIRCUMSTANCES WILL MOEVING, ITS EMPLOYEES, AGENTS OR ASSOCIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITE LINKED TO APPLICATION, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OR, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MOEVING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOEVING SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. MOEVING’S OBLIGATIONS AND RESPONSIBILITIES REGARDING ITS SERVICES ARE GOVERNED SOLELY BY THE TERMS AND CONDITIONS PROVIDED HEREIN.
IN NO EVENT SHALL MOEVING NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES.
You agree to indemnify and hold MOEVING 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 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) MOEVING’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
10. Trade Marks and Other Proprietary Rights
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Application are registered and unregistered trademarks of MOEVING.
NOTHING CONTAINED ON THIS APPLICATION SHOULD BE CONSTRUED AS GRANTING ANY LICENCE OR RIGHT TO USE ANY TRADE MARK WITHOUT THE PRIOR WRITTEN PERMISSION OF MOEVING.
All other information including but not limited to photographs, product names, layouts, designs, text contents, etc. (which are not part of common public knowledge) are protected by the inherent proprietary legal rights bestowed upon MOEVING as the author, owner and publisher of such information/materials/works.
ANY UNAUTHORIZED EFFORTS TO REPRODUCE, COPY, UTILIZE OR COMMERCIALLY USE; ANY OR ALL OF SUCH PROPRIETARY MATERIAL SHALL CONSTITUTE TO BE A VIOLATION OF THE LEGAL RIGHTS VESTED WITH MOEVING.
11.Integrity and Severability
These Terms and other referenced material are the entire agreement between you and MOEVING with respect to the Services provided through Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the such Services and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
13. Governing Law and Jurisdiction
The terms contained herein or as modified from time to time shall be governed by and construed in accordance with the Indian laws and any disputes will be decided only by the courts at [New Delhi]
MOEVING 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 MOEVING by written communication to Unit 914 A, 9th Floor BPTP Park Centra Sector 30, Gurugram, Haryana, India 122001
Please feel free to contact us in case of any queries, we will be happy to serve you.
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