Terms and Conditions
Last update: January 31st, 2022
We welcome you to our website and online transactional platform (collectively, the "Platform"). The Platform and its contents are the exclusive property of Groupe Moovea Inc., also doing business under the name Flexter, a corporation governed by the Business Corporations Act(Quebec), having its head office at 33 Prince, #310, Montreal, Qc, H3C 2M7 ("Moovea," "we," "us" or "our").
1. TERMS AND CONDITIONS
2. SERVICES OFFERED
2.1 MATCHMAKING SERVICES
2.2 FEES OF SERVICES
The Services provided by Moovea may be subject to the User's payment of a fee payable for each Reservation (as defined below) made through the Platform. The amount of such fee, if any, will be indicated on the Platform. When you make a Reservation, you accept and agree to pay such consideration, where applicable. This fee is payable to Moovea in addition to the rental fee for a Reservation that is payable to a Partner.
2.3 LIMITED ROLE OF MOOVEA
You understand and agree that:
2.3.1 Moovea is not a provider of Equipment rental services, and that Moovea's Services are limited to those provided in paragraph 2.1 above. Moovea collects and aggregates Offers on the Platform so that you can easily compare those available to you in the marketplace and make a Reservation with a Partner. Moovea is not a party to any contract that you may enter into with a Partner through the Platform as a result of a Reservation. Under no circumstances shall there be a rental agreement between you and Moovea. Moovea does not intend or have the ability to enter into a contract for the rental of Equipment with you. Any rental agreement for Equipment that arises from the Services shall be solely between you and the Partner on such terms and conditions as shall be determined and agreed upon by you and the Partner pursuant to the Reservation;
2.3.2 Moovea owes you an obligation of means only, meaning that Moovea shall use its best efforts to obtain and distribute on its Platform the most up-to-date, complete and accurate information from Partners, but Moovea cannot guarantee that such information is at all times effectively up-to-date, complete and accurate. Moovea shall in no circumstance be held responsible, directly or indirectly, for any erroneous information or Offer posted by a Partner on the Platform;
2.3.4 Moovea does not warrant or guarantee in any way the quality of the services that may be provided to you by a Partner, which shall remain solely liable for any damage or loss that may result from the services it renders to you. Moovea does not supervise, direct or control the performance of work by the Partners. Specifically, Moovea has no authority to give orders or directions to Partners, has no control over the quality of the Equipment that Partners offer for rent, and has no legal authority to sanction a Partner’s breach of any rental agreement to which the Partner is a party with you. Moovea does not evaluate the services rendered nor the Equipment offered for rent by the Partners, and therefore Moovea cannot provide you with any warranty as to the quality of such services and Equipment. You are solely responsible for verifying the quality of the services and Equipment made available to you by a Partner. For this reason:
a) Moovea excludes, to the maximum extent permitted by law, any direct or incidental liability arising out of your use of the rental services of a Partner; and
b) in the event of a fault or of the non-performance of any contractual obligation by a Partner, you waive the benefit of solidarity between Moovea and such Partner arising from Article 1525 of the Civil Code of Quebec, so that Moovea shall in no event be obliged to compensate you for any loss resulting from the action or fault of such Partner. Your sole remedy for the fault or breach of contract of a Partner shall be against the Partner only.
3. USER ACCOUNT AND PERSONAL INFORMATION
3.1 PERSONAL INFORMATION
3.2 USER ACCOUNT AND LIABILITY
Moovea may offer you from time to time the option to create a user account on the Platform, which shall be secured by a password that you must protect at all times (the "User Account"). You are solely responsible for any transactions made through your User Account and for any unauthorized use of your User Account by any third party to whom you have disclosed or allowed to be disclosed information relating to your User Account.
3.3 ACCURACY OF INFORMATION
You are solely responsible for providing all required information on the Platform, ensuring that such information is accurate and continuously updated. You commit to ensuring that all information provided is complete and truthful. You accept full responsibility for any errors or inaccuracies in the information you are required to provide Moovea with respect to the use of the Platform.
3.4 USER CONTENT
The User is solely responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials the User posts to the Platform from time to time through their User Account or otherwise (the "User Content"). Moovea may occasionally review any User Content contributed by a User, but does not guarantee its accuracy, completeness or quality in any way.
3.5 CLOSING YOUR ACCOUNT
You may terminate your User Account on the Platform at any time by following the steps set forth to that end in the User Account. Notwithstanding the termination of your User Account, you shall nevertheless remain bound by any provision hereof which, either by way of its terms, in order to give it meaningful effect or because of its nature, must survive the termination of your User Account. If your User Account is terminated, you agree that Moovea may (but is not obligated to) retain your User Content.
4. OFFERS AND RESERVATIONS
4.1 OFFERS FROM PARTNERS
On the Platform, you may consult and compare Offers from Partners, which shall be sorted by relevance according to search criteria determined by you from time to time (hereinafter, the "Criteria"). Such Criteria may include but are not limited to :
4.1.1 the identity of the Partner;
4.1.2 the branch of the Partner where the User can rent the Equipment;
4.1.3 the type and category of Equipment required;
4.1.4 the pick-up and drop-off dates of the Equipment;
4.1.5 the time of pick-up and return of the Equipment;
4.1.6 the distance to be travelled with the Equipment;
4.1.7 the age of the driver; and
4.1.8 any other additional options selected.
After consulting and comparing the Offers available on the Platform, you may accept an Offer and make a reservation with a Partner for the rental of Equipment in accordance with the terms of the Offer you have selected and accepted (hereinafter a "Reservation"). Once placed, such Reservation shall be binding upon you and the Partner. The following terms and conditions are applicable to any Reservation made on the Platform:
4.2.1 Confirmation email. After placing a Reservation, you will receive a confirmation e-mail from Moovea confirming the details of the selected Offer;
4.2.2 Commitment to rent. By placing a Reservation with a Partner on the Platform, you agree to rent the Equipment and pay the Partner all fees set forth in the Offer on the date provided in the Offer. You understand and agree that the pricing for the Offer you choose on the Platform is based on (i) the inventory and pricing of Partners applicable to drivers twenty-five (25) years of age or older and holding a valid driver's license for the type or size of Equipment selected, and (ii) the selected Criteria. You understand and agree that a Partner may apply surcharges for Users under this age, at Partner’s (or its insurance provider's) discretion and based on said Partner’s (or its insurance provider's) assessment of the statistical risk associated with drivers of a certain age. You also agree and understand that your Reservation pricing may change if you change your Criteria after making the Reservation (for example, if you add options or exceed the included mileage).
4.2.4 Modifying your reservation. Some Partners may allow you to modify your Reservation through the Platform or directly with that Partner. If you modify any of the Criteria of your Reservation, you understand and agree that such modification may change the pricing originally provided for the Reservation. Any modification to your Reservation is subject to the availability of the Partners. The conditions of modification of a Reservation will be indicated on the Platform when you make your Reservation.
4.2.5 Cancelling your reservation. You acknowledge and agree that a fee (up to the full amount of your Reservation) may be payable in the event that you cancel your Reservation. When applicable, these fees will be indicated on the Platform when you make your Reservation. You agree to pay any cancellation fee that may be required of you.
4.2.6 Equipment for information purposes only.The Equipment displayed on the Platform is presented for information purposes only and its sole use is to identify the main characteristics of the Equipment that is the object of your Reservation. Moovea cannot guarantee that the Equipment displayed on the Platform in connection with your Reservation will be available at the time you choose for its pick-up at the Partner’s branch. It is possible that the Equipment displayed at the time of your Reservation will be replaced by an equivalent with the same characteristics
4.2.7 Unavailability. In the event that the reserved Equipment (or an equivalent with the same characteristics) is not available at the Partner’s branch, you may, among other things, (i) modify your Reservation at the branch (additional fees may apply depending on the new Equipment chosen) or (ii) cancel your Reservation without charge or penalty. You acknowledge and agree that Partners are solely responsible for honouring any Reservation you make on the Platform. For this reason, Moovea waives, to the maximum extent permitted by law, any direct or incidental liability arising out of a problem with a Reservation resulting from the act or the fault of a Partner.
4.2.8 Reservations during peak periods. During peak periods, any Reservation made on the Platform must be confirmed by the relevant Partner before it becomes valid. You understand and agree that a Reservation made during peak periods shall not be binding on the Partner until it is confirmed by the latter.
4.3 SPECIFIC RESERVATIONS
If you wish to reserve Equipment of a particular brand, model, year, colour or any other characteristic, Moovea invites you to contact its customer service department at the contact information indicated at section 11 hereof. We will be pleased to assist you with your specific needs
5. INTEGRATED PAYMENT SOLUTION
Moovea shall make available to you on the Platform an integrated payment solution in order to facilitate the payment of any amount due to a Partner in connection with a Reservation. Each Partner is free to use or not this integrated payment solution.
In all cases where we collect from you through the Platform an amount destined to a Partner, you acknowledge that Moovea is acting strictly as an agent of that Partner. Thus, the payment of any amount made in this way shall be deemed to be a payment made directly by you to the Partner in question. In the event of a dispute, as agent for such Partner, Moovea shall comply exclusively with the instructions received from the Partner with respect to any payment due pursuant to a Reservation.
5.3 VALID PAYMENT METHOD
In order to use the Platform's integrated payment solution, you will be required to provide Moovea with a valid and accepted payment method, which will be stored and linked to your User Account (if applicable) for the purpose of making any future payments or transactions. You hereby agree that this information may be linked to your User Account (if applicable) and that this payment method may be automatically debited in future transactions. You agree that this payment method will remain valid at all times for the purposes hereof. We reserve the right, at any time and in our sole discretion, to change or discontinue accepting any payment method.
5.4 THIRD-PARTY SERVICES
You understand and agree that if a deposit is made at the time of your Reservation through the Platform, the balance of the total fee for your Reservation shall be payable when you take possession of the Equipment or at any other time designated by the Partner. If, at that moment, you use a payment method other than the one(s) linked to your User Account to pay this balance, then such other payment method will be charged.
6. CONDITIONS OF ACCESS TO THE PLATFORM
6.1 WEB BROWSER AND OPERATING SYSTEM
To access the Platform, a compatible web browser or operating system is required. You understand and agree that Moovea may, at any time and without notice to you, cease to ensure compatibility of the Platform with any web browser or application system
6.2 PROHIBITED USES
You agree not to make any use of the Platform or the Services: (i) in violation of any applicable law or regulation; (ii) for the purpose of causing harm to Moovea or the Partners or, more generally, to infringe the rights (including intellectual property rights) of Moovea or the Partners; (iii) for the purpose of copying all or part of the content of the Platform, either for the purpose of redistributing such content or for the purpose of discovering, extracting or reproducing the Platform or any part thereof (e.g., by way of data scraping or screen scraping); or (iv) which is deceptive, fraudulent or abusive to Moovea or a Partner (each of the foregoing uses being a "Prohibited Use").
6.3 REPRESENTATIONS BY USER
By accessing or using the Platform, its content, or the Services, you represent and warrant that:
6.3.1 you are over the age of eighteen (18) years;
6.3.2 you have the legal capacity to be a party hereto;
6.3.3 you are acting as a party hereto on your own behalf or on behalf of a person you are legally authorized to representr;
6.3.4 any information you provide to Moovea through the Platform is complete and accurate;
6.3.5 you agree to maintain the confidentiality of your User Account information and agree not to allow any third party to use it without Moovea's prior consent;
6.3.6 you agree not to make any Prohibited Use of the Platform or the Services;
6.3.7 you agree to comply with the laws and regulations of the Province of Quebec and those in force in Canada in any use you make of the Platform or the Services; and
6.4 RIGHT TO TERMINATE THE USE OF THE SERVICES
7. LIMITATION OF LIABILITY
7.1 USE OF THE PLATFORM
7.2 COMPUTER VIRUSES
As a User, you acknowledge that the use of or access to the Platform may involve potential risks of contracting a computer virus through your computer and/or the devices connected to it. Moovea shall not be liable under any circumstances and in any manner whatsoever, for any damage or loss resulting from the existence or transmission of a computer virus or for any damage whatsoever caused to your computer or to the data contained therein or to its devices
7.3 APPLICABLE LAW
No limitation of liability set forth herein shall, however, operate to exclude or restrict Moovea's liability for fraud, gross negligence or any other liability which cannot be limited or excluded under applicable law.
8. INTELLECTUAL PROPERTY
8.1 OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
Between Moovea and the User, Moovea is the owner of all intellectual property rights pertaining to the Platform and its content, including all algorithms, texts, slogans, graphics, images, photos and other content. Moovea also owns or operates under a license, when applicable, the trademarks, logos, corporate names, acronyms, trade names, signs and domain names allowing access to the Services.
8.2 LIMITED LICENSE TO USE
Subject to the provisions hereof, Moovea grants you a limited, non-exclusive, non-assignable, non-transferable and revocable license to (i) access and use the Platform on your personal devices solely in connection with your use of the Services, and (ii) print the pages of the Platform for your private, non-commercial use, provided, however, that the copyright notices and intellectual property rights notices remain unchanged, all in accordance with the laws governing intellectual property rights in Canada.
8.3 REPRODUCTION PROHIBITED
You may not otherwise reproduce, print, archive, re-edit, modify, download, sell or otherwise copy for any other purpose or for publication, broadcast or sale, the content of the Platform or any of its elements, in whole or in part, on any medium or in any format whatsoever, invented or to be invented, without Moovea's prior written permission. No element, excerpt, quotation, passage, or text from the Platform shall be construed as constituting or creating in your favour a licence (other than the licence provided for in subsection 8.2 above) or any right to use or reproduce any element of the Platform in your favour.
8.4 MODIFICATION PROHIBITED
The trademarks, logos, or slogans, as well as the texts, titles, graphics, tables, images, photographs, portraits, descriptions, symbols, drawings or other artistic works on the Platform, may not be modified in any way at any time. The content of the Platform is protected by copyright, trademark rights and other applicable intellectual property rights. All rights are reserved.
8.5 USER CONTENT
By posting, uploading, submitting, or publishing any User Content, you grant Moovea a perpetual, irrevocable, worldwide, transferable, assignable, royalty-free and non-exclusive license to reproduce, adapt, modify, translate and publish such User Content for commercial use or other purposes.
9.1 USE OF HYPERLINKS
We invite you to access the hyperlinks present on the Platform which give access to various pages of the Platform. These hyperlinks direct you to information that is relevant to the Services offered by Moovea.
9.2 USE OF THIRD-PARTY SITES
Certain hyperlinks on the Platform also provide access to one or more external websites owned by entities other than Moovea. These hyperlinks are provided to you for informational purposes only. Moovea has no control over these external websites and assumes no responsibility for their content. The presence of hyperlinks to external websites on the Platform may not under any circumstances be construed as an endorsement by Moovea of the information contained in such external websites or as an association or joint venture with the company that operates or owns any such external website.
9.3 THIRD-PARTY SITES - LIMITATION OF LIABILITY
Moovea makes no representations whatsoever as to the security or to the absence of computer viruses of external websites and expressly disclaims any liability related thereto. Moovea also makes no representation whatsoever as to the policies or practices of these external websites with respect to the collection and use of personal data, particularly with respect to cookies. Moovea shall not be liable for any material or moral damages whatsoever and shall not be liable for any business interruption, loss of profit, loss of software, data or programs, including legal fees and all associated costs, caused by your access to an external website via a hyperlink contained on the Platform. You agree that your access to external websites and any use you make of the content of such external websites is at your own risk
10. MISCELLANEOUS PROVISIONS
10.1 PRIOR AGREEMENTS
10.2 SEVERABILITY AND INVALIDITY
10.3 CONSTRUCTIVE INTERPRETATION
10.4 NO WAVER
No delay or omission on the part of Moovea in exercising its rights hereunder shall be construed as a waiver of its rights to enforce any provision hereunder.
10.6 FORCE MAJEURE
If Moovea's performance of any of its obligations hereunder is delayed due to force majeure or any other reason beyond Moovea's control, then the date of performance shall be delayed for the duration of the delay, and Moovea shall not be liable for such delay.
10.7 NO ASSIGNMENTS
10.8 APPLICABLE LAWS
10.9 LAST UPDATED
11. CUSTOMER SERVICE