By accessing and using our website, you agree to comply with and be bound by the following terms and conditions, which govern Alamo Movers' relationship with you in relation to this website and our services.
The website is owned and operated by Alamo Movers Inc. By accessing or using the services available through our Website (the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Alamo Movers for products, services or otherwise.
As used in this Agreement, “www.alamomovers.ca”, "we," "us," and "our" shall mean Alamo Movers Inc. and its subsidiaries and affiliates. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.alamomovers.ca in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Alamo Movers may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Alamo Movers may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Alamo Movers. The Alamo Movers reserves the right to expel Users and prevent their further access to Alamo Movers for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content, which is in violation of the Terms of Use, abusive, illegal, or disruptive.
Account shall mean the account created by the Customer on the Application for availing the Services provided by Alamo Movers.
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.
Website shall mean the mobile application " Alamo Movers ", as updated by Alamo Movers from time to time.
Convenience Fee shall mean the fee payable by the Customer to Alamo Movers for the Service i.e., for availing the technology services offered by Alamo Movers. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
Cancellation Fee shall mean Fee payable towards cancellation of Service by the Customer. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
Customer/ You is a person who completes Alamo Movers’ account registration process.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Alamo Movers.
Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
Alamo Movers Content means all Content that Alamo Movers make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Customer Content.
Collective Content means Customer Content and Alamo Movers Content.
Service Availability: The Sites may not be accessible at all time. We may change or discontinue any of the features of the Sites. We cannot promise to store or keep showing any information or content you’ve posted.
No Warranties: The Sites are provided on an “as is” without any warranties. There may be errors, omissions or interruptions.
Limitation of Liability: These are the limits of legal liability we may have towards you.
Indemnification: You agree to defend, indemnify, and hold harmless Alamo Movers, its licensors and partners and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs and expenses, relating to or arising out of your use of our Sites including your use or access
Minors: You should be at least thirteen (13) years old to use our Sites and have your parent’s consent if you are under the age of majority in your province or territory of residence.
Choice of Law and Forum: the Terms of Use are governed by the laws of the province of Ontario and all applicable Canadian federal laws.
General: Here is where you’ll find important details on how to read the Terms of Use, but remember there may be additional terms and conditions.
By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to Alamo Movers if you discover or otherwise suspect any security breaches related to the Services.
You agree and accept that all of the information you provide to Alamo Movers when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
By using the Service, You further agree that:
Alamo Movers reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
You on behalf of Customer/Patient request Alamo Movers to provide Service at home or any other location agreed with Alamo Movers.
Alamo Movers shall, upon receiving the booking request from You, proceed to confirm or decline the booking based on the availability of Service. We shall inform you if your booking is confirmed via SMS, Call or Email. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Alamo Movers of the incorrect details immediately.
Alamo Movers shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of Alamo Movers. The Convenience Fee shall be payable by you to Alamo Movers and shall be informed to you. The payment can only be made via cash or by third party payment gateway.
The Customer shall pay us in full for all Task services at the rates agreed to by the parties. Please note all the service bookings shall be considered final and no refunds shall be granted.
There is no fee, if the Customer cancels before 72 hours of the scheduled start time of the Service. Similarly, there is no fee for rescheduling a task, if the Customer cancels before 72 hours of the task start time.
You agree and acknowledge that You may cancel Your request for Service froman Website or by calling us at any point of time, subject to a Cancellation Feeof $__ as explained below:
The Cancellation Fee shall be payable by You via cash or by third party payment gateway.
You shall not smoke and/or drink when the services are being provided or misbehave with the us or act contrary to the Applicable Law. In the event You are found to be involved in the activities set out above, You shall also be blacklisted as a result of misbehaving with us, and in such event, Your Account may be terminated by Alamo Movers.
Customers will not use the Services if any applicable law in their Province prohibits them from doing so and or have not previously been their right to use the Services.
By posting any Content on the Website, you hereby grant Alamo Movers a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against Alamo Movers for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to Alamo Movers that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to Alamo Movers all rights, title and interest as set forth herein in and to such Content.
When you send an e-mail or chat electronically with Alamo Movers, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or SMS text messages. You agree that all agreements, notices, disclosures, and other communications that Alamo Movers provides to you electronically satisfy legal requirements that such communications be in writing.
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Alamo Movers or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Alamo Movers will not be liable on account of any inaccuracy of information on its website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Alamo Movers unless specifically authorized by Alamo Movers in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service
The Website and Content available through the Website may contain links to other third-party website ("Third Party Websites") such as third-party payment processors. If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies. Alamo Movers makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Alamo Movers disclaims all liability thereto.
Any and all contents and services (including advertising) within Alamo Movers that are not owned by Alamo Movers are "third party content and services." Alamo Movers acts merely as an intermediary service provider of and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Alamo Movers may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Alamo Movers does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada.
You acknowledge and agree that Alamo Movers owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at http://www.alamomovers.ca
The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ALAMO MOVERS NOR ANY PERSON ASSOCIATED WITH THE ALAMO MOVERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE ALAMO MOVERS NOR ANYONE ASSOCIATED WITH THE ALAMO MOVERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR CUSTOMERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF ALAMO MOVERS. AND ALAMO MOVERS CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE ALAMO MOVERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and Alamo Movers, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Alamo Movers relating to this subject matter, and cannot be changed or terminated orally.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Alamo Movers, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either AlamoMovers or You to exercise or enforce any right conferred shall not be deemed tobe a waiver of any such right nor operate so as to bar that exercise orenforcement thereof or of any other right on any later occasion.
You agree to defend, indemnify and hold harmless Alamo Movers and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Alamo Movers shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Toronto, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at http://www.alamovers.ca.
