Terms of Use

Introduction

MovingWaldo Inc. ('we', 'us' or 'MovingWaldo') operates the web site https://movingwaldo.ca (the 'Site') whereby we offer certain services, including, but not limited to, our change-of-address services (our 'Services'). If you wish to use the Site as a visitor or sign up for a MovingWaldo user account (become a 'User'), regardless of whether you use any of our Services, please carefully read these terms of use (the 'Terms of Use' or this 'Agreement') and MovingWaldo’s Privacy Policy (found at https://movingwaldo.com/privacy). This Agreement sets forth the terms and conditions that apply to your access and use of the Site (whether you are as a visitor or User) and the terms and conditions under which we provide our Services.

Website operation

The Website is operated by us in Canada. We make no representation that parts of the Website, including the Consent is appropriate or may be used in places outside Canada. You are responsible to ensure that your access to this Website and Content available on or through it are legal in each jurisdiction in or through which you access or view the Website or such Content. People choosing to use the Website do so at their own risk and they are responsible for complying with all local laws.

Accepting the terms

By using the Site or ordering one of our Services, you agree to be bound by the terms and conditions of this Agreement and MovingWaldo’s Privacy Policy, as they may be amended from time to time in the future. You may not use the Site or order Services if you're not of a legal age to form a binding contract with MovingWaldo. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you're acting on behalf of a person or entity, that you have the authority to bind such person or entity to it.

User account information

By opening an account with MovingWaldo, you will choose a password and email address combination that will allow you to access the website as a user. If you were to share this information with third parties, MovingWaldo would not have any way to keep your information private from these third parties, hence, you agree that you are responsible for maintaining the confidentiality of this information. In any case, you are bound by the terms of use of MovingWaldo to keep the login information confidential and for your personal use only. If you become aware of any unauthorized use of your account information, you must notify us immediately using the contact form at the bottom of this page.

MovingWaldo's services

MovingWaldo's Services include, but aren't limited to:

Notifying third parties that the user is moving and transmitting the required information to allow the third parties to update the user account with the information provided by the user, all of which as being requested by the user.

MovingWaldo is in any way affiliated with the third parties listed on its website and although we will try reasonably to implement our service with the third parties, it is possible that the third party refuses the notification or cannot process the request due to reasons outside of MovingWaldo’s discretion. MovingWaldo will contact the third parties using contact information available publicly, although, MovingWaldo cannot guarantee that the third parties will receive the notifications. If under a specific circumstance, MovingWaldo is aware that a third party will not process the request, MovingWaldo will contact the User to inform him of the situation. The user is responsible to receive the information that MovingWaldo sends to the email used during the opening of the account.

MovingWaldo’s Service is to notify the third parties that the user is moving and to transmit the required information given by the user, it is not to process the request in the third party’s system. MovingWaldo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. As set forth in detail below, you agree that MovingWaldo shall not be liable to you or to any third party for any modification, suspension, failure or discontinuance of the Services.

Privacy and your personal information

For information about MovingWaldo's data protection and privacy practices, please read our Privacy Policy, which is hereby incorporated by reference into this Agreement. The Privacy Policy explains how we treat your personal information when you access the Site or use the Services. The Privacy Policy may be updated from time to time at MovingWaldo’s discretion. Changes to the Privacy Policy will be effective upon posting to the Site.

Changes to this agreement

MovingWaldo may amend this Agreement at any time, with or without notice to you, by posting amended Terms of Use on the Site. MovingWaldo will clearly indicate the date of the last amendment at the top of this page (https://movingwaldo.ca/terms-of-use). The most current version of the Terms of Use will supersede all previous versions. It's your responsibility to check this Agreement periodically for changes. You hereby accept and agree to be bound by future changes unless and until you expressly inform MovingWaldo that you no longer agree to this Agreement. If you do so, your user account will be terminated and you'll no longer be able to use the Site or order Services.

Your use of the site and services

You're only entitled to access the Site and use the Services for lawful purposes. You shall provide true, accurate, current and complete information, and you shall not misrepresent your information or use or input on the Site any other person’s information without their express consent. Any fraudulent activity will be reported to federal authorities for prosecution. Your access to and use of the Site and Services may be interrupted from time to time for any reason, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that MovingWaldo, in its sole discretion, may elect to take.

You agree that Moving Waldo may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials, whether such feedback or comments are emailed to MovingWaldo, entered on the Site, or entered on a third party website. You grant MovingWaldo a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free licence to use the feedback and comments you provide to MovingWaldo in any way.

You understand and agree that we may review and delete any content that you provide, including messages, identifiers, company names or profiles that in our sole judgment violates this Agreement, or that may be offensive, illegal, and inaccurate or that may violate the rights of others.

User authorization

Before MovingWaldo allows a user to request that we notify any organization, we ask that the user digitally signs the moving request. A copy is made available to each third party organization that the user requests MovingWaldo to notify. A copy is available for download by the user on its profile page.

Term

You may terminate this Agreement and your account with MovingWaldo at any time and for any reason by contact us using the form at the bottom of this page. We may terminate this Agreement with you, terminate your account, and elect not to implement our Services for you at any time and for any reason, effective upon sending notice to you at the email address you provided for your account.

Moving Waldo's intellectual property rights

The contents of the Site, including its look and feel (e.g. text, graphics, images, logos and button icons), photographs, content, notices, software, patented or patentable systems and methods, copyrighted material, trademarks, and other proprietary are protected under applicable copyright, trademark and other laws. The Proprietary Information belongs exclusively to MovingWaldo. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Proprietary Information. MovingWaldo grants you the right to view and use the Site subject to these terms. Any distribution, reprint or electronic reproduction of any content from MovingWaldo in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Disclaimers

MovingWaldo, and the person or company that referred you to MovingWaldo, make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, safety or completeness of the content on the site or of the services. MovingWaldo assumes no responsibility for any error, omission, interruption, deletion, defect, communication failure, theft or destruction or unauthorized access to, or alteration and use of, User information. MovingWaldo is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email on account, or technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Site visitors, Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Services.

Under no circumstances will MovingWaldo be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services. The Site and the Services are provided 'AS-IS' and (to the extent legally permitted), MovingWaldo expressly disclaims all warranties or conditions of any kind, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. MovingWaldo makes no warranty that the Site will be error-free and that access thereto will be continuous and uninterrupted. MovingWaldo can't guarantee and doesn't promise any specific results from use of the Site and/or the Services. If you decide to register as a User or to use the Services, you do so at your own discretion and risk. MovingWaldo is not responsible for the conduct, whether online or offline, of any User.

General information

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of use or any use of the Website. You may not assign any right, interest, or benefit provided under these Terms of use or through the Website without our express prior written consent.

Your indemnification of MovingWaldo

You shall defend, indemnify and hold harmless MovingWaldo and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part, arising out of or attributable to any breach of this Agreement by you.

Claims or disputes

If there is any claim, controversy or dispute at law or equity about this Agreement, the Site and/or the Services, you agree that you and we'll resolve any claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the Province of Quebec, without regard to its conflicts of law principles. With respect to any disputes or claims, you acknowledge and understand that exclusive jurisdiction over any cause of action arising out of this Agreement or the Services shall be in the province or federal courts located in or near Quebec City, Quebec. You agree to submit to the jurisdiction of such courts, and you hereby waive all defences of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the province and federal courts located in or near Quebec City, Quebec.

Limitation of liability

In no event is MovingWaldo, or the person or company that referred you to MovingWaldo, liable to any visitor to the Site, User or third party for any indirect, consequential, exemplary, incidental, special or punitive damages (however arising, including negligence), including lost profits arising out of, or relating to any use or misuse of the Site or Services or any part thereof. Our Website contains links to other websites which are owned and operated by third parties. These links will let you leave the Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is deemed unlawful, void or unenforceable shall be stricken from this Agreement.

MovingWaldo Inc. is located at 1250 Rue Guy, Suite 600, Montréal, QC H3H 2L3.

Effective date : 2016-04-06