54

What We Are and What We Are Not

Bookamove’s role is limited to providing an electronic platform on which member Movers and users come together. Bookamove’s role in move-booking is limited to communicating users’ requests for reservations to Movers. No brokerage relationship or any agency or fiduciary relationship is intended to be or will be deemed to have been created between Bookamove and any member Movers or users. Bookamove is not a broker of household goods. Bookamove does not arrange (or offer to arrange) the transportation of household goods.

Bookamove Standards of Care

Bookamove and our Member Movers want to be businesses where everyone acts with integrity — where we’re honest and respectful. When it comes to how we treat one another, it’s critical that we’re all on the same page. To help with this, we’ve outlined some best practices in our Standards of Care

Diversity and Inclusion

Bookamove and the Movers who partner with us respect and embrace each other’s differences. We strive for a culture of inclusiveness and recruit individuals from diverse populations in our hiring processes.

Harassment and Bullying

Bookamove and Movers work to be open-minded, respectful, and friendly. We are committed to looking out for each other. Harassment, discrimination, and bullying don’t align with who we are.

Trust Building

Bookamove and member Movers work to establish and maintain a positive track record with you, our Customers. Our Site Customer reviews, and reviews from other reputable consumer-focused businesses like the BBB are some of the ways you can confirm that your move through us and with our member Movers deserves your trust.

Data and Privacy Protection

Bookamove and Movers know that in this day and age, your data and privacy need to be thoroughly protected. We attentively and carefully safeguard any data collected against mishandling and fraud, collect personal information only as needed, and respect your preferences regarding the use of your information.

Honesty

We want to earn and keep your trust which involves honest communication and avoiding misrepresentation, omissions, or obscuring relevant facts. We work to clearly disclose all policies, guarantees, and procedures that bear on your decision to work with Bookamove and our Member Movers.

Integrity

Bookamove and our Member Movers approach business with integrity. Acting with integrity guides us away from being involved in questionable activities or in any event that would lessen your trust in us.

Ethics

Bookamove and our Member Movers comply with national, provincial, and local laws and regulations in addition to continuously applying ethical practices within our businesses.

Definitions

Welcome to the Bookamove.com site (the “Site”), the mobile platform service (the “Service”), or collectively, these (“Services”). We are pleased to offer you access to and use of our Services conditioned on your acceptance without modification of the following Terms of Service and additional terms incorporated by reference (collectively, these “Terms”). These Services are provided solely to assist customers in gathering moving information and transacting business with participating transportation service providers (the “Movers”), and for no other purposes. The terms "we," "us," "our" and "Bookamove" refer to Bookamove and its affiliates. The terms “user,” "you," and “your'' refers to the customer using the Services.

Legal Agreement

Please read the following terms of service carefully, as they constitute a binding legal agreement between you and Bookamove. By registering for, accessing, and/or otherwise using the site in any manner, you acknowledge that you have read, understood, and agree to be bound by the following terms, including the guidelines (as defined below). Any future modifications and all policies and guidelines of the site are incorporated by reference. If you do not agree to these terms, please do not use the services. We reserve the right, at our sole discretion and at any time, to change or modify these terms without prior notice, and your continued access or use of this site signifies your acceptance of the updated or modified terms. These terms may not be modified, amended, and/or changed by you in any manner.

Services Provided by Bookamove

Subject to your compliance with these Terms, we grant you permission to access and use the Services. Bookamove offers you a neutral platform where you can find Movers for your moving needs. Bookamove does not itself provide transportation or assume carrier, valuation, or insurance obligations. Based on the specifications that you enter into our system, such as inventory and services requested, our proprietary technology will generate and provide you with quotes from participating Movers, allowing you to choose the provider that best suits your needs. Once you choose a Mover, Bookamove has no involvement or control over the actual transaction. You will enter into separate agreement(s) with the Mover of your choice regarding the actual move; such agreements may include, but are not limited to, a Written Estimate, Order for Service, and Bill of Lading. Although Bookamove will require all Movers to agree to provide the requested services at the estimated price generated through the Services, and will contractually restrict Movers from changing the estimated price generated through the site, Bookamove cannot and will not have any control over the Movers' adherence to these or any other terms of service; therefore, in addition to the other disclaimers described, Bookamove makes no representations or warranties that the price will be honored or unaltered by Movers. Disagreements you may have with a participating Mover over a transaction initiated through or related to the Services will remain solely between you and the Mover. Bookamove will have no liability to you or to the participating Mover for a failed or unsatisfactory transaction.

Referral Rewards

Rewards are based upon a percentage of “Move Cost”. This value can be calculated on the Bookamove Contract in the Money section. Move Cost is the total of hourly, weight, volume of fixed price charges. It does not include other costs and surcharges. Rewards Customer Referral Rewards - Reward for referring a customer to Bookamove is 10% of Move Cost.

Privacy and Reviews

Your use of these Services is subject to the Bookamove Privacy Policy (“Privacy Policy”), which is incorporated into these Terms, and subject to change without notice. The Site may provide you with the opportunity to submit reviews. You give Bookamove the right to publish your Reviews. You agree that Bookamove is free to use your name, persona and likeness and any ideas in any User Content you send to the Site or Bookamove for its purposes. Users may only submit reviews of Movers once they have paid for a completed move. Bookamove may contact Users that have written reviews in order to confirm that review authors are not affiliated with the Movers that are the subjects of their reviews. This practice helps protect the authenticity of Bookamove “Verified Reviews.”

Disclaimers; No Warranties

To the fullest extent permissible pursuant to applicable law, Bookamove provides its services on an “as-is'' basis and makes no warranty, express, implied, statutory, or otherwise, with respect to the services, and expressly disclaims any warranties of noninfringement, merchantability, fitness for any particular purpose, results, or title, and any warranties implied by a course of dealing or performance. Bookamove does not warrant the data, content, features, or information, including shipment quotes, provided through the relevant services to be uninterrupted, accurate, or free of errors, viruses, or other harmful components. You are solely responsible for any damage to your equipment, loss of data, or other harm that results from your use of the relevant services. The Services contain information provided by transportation service providers. Bookamove does not monitor, moderate, edit, confirm, vet, verify, or otherwise ensure that such information is complete, accurate, up to date, or otherwise safe to use or rely on. Bookamove does not have any control over such information and bears no responsibility for it or its use. The actual shipment transaction is subject to terms between you and the Mover only and Bookamove assumes no responsibility over quality, safety, and legality of the transaction between you and the Mover. Bookamove makes no warranties and provides no assurances to you under these terms regarding the completion of a delivery and your satisfaction with the Movers’ performance. Bookamove won’t be held liable for any delays or failure in performance of any part of the Services or from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, internet outages, network outages, host downtime, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Limitation of Liability and Damages

Bookamove has no control over the accuracy of the information provided by the Movers to the Services (including that which is the basis of the quotes we generate), quality of the Mover performance, or ability of a Mover to provide the services. Bookamove will not be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of a transaction to occur as expected, including, but not limited to, any Movers’ refusal to honor a published price or their modification. In no event will Bookamove be liable under these terms for any consequential, special, indirect or other damages, or lost profits, whether based in contract, tort or otherwise, even if Bookamove has been advised of the possibility of such damages. These limitations will apply to the maximum extent permitted by applicable law, regardless of whether Bookamove Movers have been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose. You expressly agree that if Bookamove is found liable to you notwithstanding the foregoing limitations, Bookamove’s maximum aggregate liability to you hereunder, whether arising from breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, will not exceed the fees or charges assessed by, paid to, and retained by Bookamove by you in connection with the request pursuant to which the liability arose. Bookamove does not validate Movers’ claims and disclaims any liability to you due to the Movers’ representations.

Indemnification; Release

You agree to indemnify, defend, and hold Bookamove harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms. Bookamove reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bookamove, and you agree to cooperate with Bookamove’s defense of these claims. Bookamove will use reasonable efforts to notify you of any claim, action, or proceeding after becoming aware of it. To the extent permitted under applicable law, you release Bookamove from any and all claims or liability related to any product, service, deal, or any action or inaction by a mover, including a mover’s failure to comply with applicable law and/or failure to abide by or honor the terms of any transaction, and any conduct or speech, whether online or offline, of any other user of the service.

Intellectual Property Rights

The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bookamove.

Bookamove API Use Terms & Third Party Software

You may access your Bookamove account data via an API (Application Program Interface) and the Services may include access to third-party software for which additional terms may apply (“Third Party Software”). Any use of the API and Third Party Software, including use of the API through a third-party product that accesses Bookamove, is bound by the terms of this Agreement, including the following specific terms: You understand and agree that Bookamove will not be liable for any damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bookamove has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API or Third Party Software. You can not permit any third party to: modify or create any derivative work of any part of the API or Third Party Software; process or allow processing of the data of any other party unless in connection with your authorized use of the API or Third Party Software; or market, sell, license, sublicense, distribute, publish, display, reproduce, rent, lease, loan, assign or otherwise transfer to a third party the API, Third Party Software or any copy, in whole or in part. You acknowledge and agree that you have no rights to any source code for the API or Third Party Software. You acknowledge and agree that, except to the extent permitted by law, you will not cause or permit the disassembly, decompilation or reverse engineering of the API or Third Party Software or otherwise attempt to gain access to the source code to the API or Third Party Software (or the underlying ideas, algorithms, structure or organization of the object code in the API or Third Party Software). Abuse or excessively frequent requests to Bookamove via the API may result in the temporary or permanent suspension of your account’s access to the API. Bookamove, in its sole discretion, will determine abuse or excessive usage of the API. Bookamove will make a reasonable attempt via email to warn the account owner prior to suspension but will not be required to do so. Bookamove reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API or Third Party Software with or without notice. Bookamove reserves the right at any time to modify or discontinue, temporarily or permanently, any API integration with or without notice.

Availability

Bookamove will use commercially reasonable efforts to make Services available 24 hours a day, provide advanced warning to Users for planned downtime, maintain appropriate safeguards to protect any data entered by Users into the Services, and comply with applicable laws and regulations with respect to the Services.

Eligibility

The Services are not intended for or available to persons under the age of 18 or to any users suspended or removed from the Services. By using the Services, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Services. If you are under 18 years of age but have improperly accessed the Services by providing false information to us, not only are you an unauthorized user using the Services in violation of these terms of Services, but you may also be putting yourself and others in danger.

Term and Termination

These Terms will remain effective until terminated. Bookamove may terminate or suspend your account and use of and access to the Services at its sole discretion, with or without cause, without notice or liability to you. You may terminate your use of the Services at any time by stopping all use of the Services. In the event of termination, the rest of the Terms still apply.

Terms Conclusion

This is the entire agreement between you and Bookamove and can’t be modified except by Bookamove. The Terms cannot be transferred or assigned by you, but may be assigned by Bookamove. Failure by Bookamove to apply the provisions of these Terms will not affect Bookamove’s right at a later time to enforce the Terms.