Welcome to Move-It!
Your use of Move-It is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms - we hope you enjoy using Move-It.
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at support@eggplant-tech.com.
Compliance with these Terms
These Terms apply to you if you are a user of Move-It anywhere in the world, except if you belong in any of the following categories: (i) a user of Move-It in the People's Republic of China; (ii) a citizen of the People's Republic of China using Move-It anywhere in the world; or (iii) a Chinese-incorporated company using Move-It anywhere in the world. If you belong in any of these categories, please refer to the Terms of Service (PRC Users) for the terms that apply to you.
Please review these Terms and our policies and instructions to understand how you can and cannot use Move-It. You must comply with these Terms in your use of Move-It and only use Move-It as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Terms, you must not use Move-It.
"Move-It"
For the purposes of these Terms, any reference in these Terms to "Move-It" refers to Move-It and all Move-It-related services provided by or on behalf of us or our affiliate companies, including the following services:
Contracting Entity
By using Move-It, you are agreeing to be bound by these Terms between you and Eggplant Software Technology. Ltd. (" we", " our" and " us").
We may specify in certain of our Move-It service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of Eggplant Software Technology. Ltd.) in relation to your use of the relevant Move-It service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Move-It service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Move-It service or feature.
Other general terms in relation to these Terms
If you are under the age of 13, you must not use Move-It. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Move-It.
If you are using Move-It on behalf of a company, partnership, association, government or other organisation (your " Organisation"), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, "you" will include your Organisation.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
We may make changes to these Terms over time, so please come back and review them.
In addition, as Move-It and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Move-It (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or Move-It are reasonably material, we will (where reasonably practicable) notify you (via http://move-it.club, direct communication to you or other means), prior to the change becoming effective. By continuing to use Move-It after we make any changes to these Terms or Move-It, with or without notice from us, you are agreeing to be bound by these revised Terms.
You may need to create an account with us in order to access and use Move-It.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Move-It remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any passwords or Security Verification Code used to access your account of Move-It, and (ii) all use of Move-It under your account. You must promptly notify us at support@eggplant-tech.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on Move-It as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
Account deactivation
Move-It may offer methods for deactivating your service-specific account - please refer to Move-It for further guidance (if available) from time to time.
You may, from time to time, make payments to us or third parties as part of your use of Move-It (including for the provision of Move-It or provision of certain additional features within Move-It). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of Items and products are subject to change at any time.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN Move-It, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN Move-It (WHETHER USED OR UNUSED).
We may process payments from you in Move-It via a third party service. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service, as further set out in the "Third Party Content and Services" section below.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Move-It (" Your Content"), you understand and agree that:
you will continue to own and be responsible for Your Content;
You may be able to create certain content within Move-It, such content is part of Your Content, and is subject to these Terms.
In addition, you agree that we and our affiliate companies (subject to these Terms, and applicable laws and regulations):
You understand that even if you seek to delete Your Content from Move-It, it may as a technical and administrative matter take some time or not be possible to achieve this - for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Move-It.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact support@eggplant-tech.com.
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Move-It, including content provided by users of Move-It or by our advertisers. You acknowledge and agree that by using Move-It, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Move-It by you is at your own risk. Your use of Move-It does not give you any rights in or to any content you may access or obtain in connection with your use of Move-It.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Move-It and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review (but make no commitment to review) content or third party services made available through Move-It to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Move-It.
There may be, from time to time, third party content and services on Move-It that are subject to further terms - for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Move-It. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
Move-It may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Move-It and that (where reasonably practicable) we will identify paid such advertising or commercial content.
All intellectual property rights in or to Move-It and any Move-It Software (including any future updates, upgrades and new versions to all such Move-It Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names (for example, "Eggplant tech", "Move-It"), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Move-It are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where you download and use any software from us as part of or in relation to your use of Move-It (any such software being the "Move-It Software"), we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the relevant Move-It Software in accordance with these Terms (including any specific technical requirements that relate to the Move-It Software or its use on your particular device).
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Move-It Software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Move-It Software, you will first contact us to request the information you need.
We may from time to time provide updates to Move-It software. Such updates may occur automatically or manually. Please note that Move-It software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that such updates will continue to support your device or system.
We may in our discretion provide technical support for Move-It. We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
In order for us to provide Move-It to you, we may require access to and/or use of your relevant device (e.g. mobile phone) that you use to access Move-It - for example, we may need to use your device's processor and storage to complete the relevant Move-It Software installation, or we may need to access your contact list to provide certain interactive functions within Move-It. You agree to give us such access to and use of your device.
We will provide further information regarding how Move-It uses and accesses your device within Move-It or in another manner (e.g. via the relevant app store as part of the installation process for Move-It on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Move-It to you.
You may need an adequate internet connection in order to authentic your Move-It account or use Move-It. You may also be required to activate certain functionalities within Move-It in the manner described within Move-It. You may not be able to use certain functionalities within Move-It if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Move-It.
The "Third Party Content and Services" section above applies to any software supplied by third parties (including software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, Move-It ("Third Party Software"), including your use of such Third Party Software.
In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
You must comply with any additional terms and conditions applicable to any such Third Party Software.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
Further to the "Third Party Software" section above, Move-It may use software that is subject to "open source" licences (the "Open Source Software"). Where we use such Open Source Software, please note that:
there may be provisions in the Open Source Software's licence that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and we will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software terms) within Move-It, within an Appendix to these Terms and/or in another manner.
We warrant to you that we will provide Move-It using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, MOVE-IT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO MOVE-IT, ANY MOVE-IT SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY MOVE-IT, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT MOVE-IT OR MOVE-IT SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT MOVE-IT OR MOVE-IT SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT MOVE-IT OR MOVE-IT SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR MOVE-IT , ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF MOVE-IT OR MOVE-IT SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100 (ONE HUNDRED US DOLLARS).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING MOVE-IT OR MOVE-IT SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF MOVE-IT OR MOVE-IT SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS.
These Terms will apply to your use of Move-It until your access to Move-It is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Move-It: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Move-It creates risk for us or for other users of Move-It, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Move-It for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Move-It (in whole or in part), you will immediately permanently delete all copies of Move-It Software to which the termination relates and you will immediately cease accessing and using any such Move-It Software.
Retention and back-up of Your Content
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms. Where we suspend or terminate all or part of Move-It, or where your access to Move-It is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
These Terms are the entire agreement between you and us in relation to Move-It. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
If you are a user of Move-It in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
If you are a user of Move-It in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
Eggplant Software Technology. Ltd