Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

The basics

1. What's in these Terms and Conditions (“terms”)?

These terms tell you the rules for using our website www.muuvment.com and the app.muuvment.com sub-domain (our site).

2. Who we are and how to contact us:

Our site is operated by Muuvment Ltd. (we or us). We are registered in Bermuda and have our registered office at Century House, 16 Par La Ville Road, Hamilton, Bermuda, HM 08.

To contact us, please email customer services at info@muuvment.com

Use of the website

3. By using our site you accept these terms.

You confirm that you accept these terms and conditions and that you agree to comply with them.

If you do not agree to these terms, you must not use our site. By proceeding to use this site, you are confirming your agreement to these terms.

We recommend that you save a copy of these terms for future reference.

4. There are other terms that may apply to you.

These terms and conditions refer to the following additional terms, which also apply to your use of our site:

5. We may make changes to these terms.

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. By continuing to use the site, you agree to any changes made to the terms.

6. We may make changes to our site.

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Your responsibilities

7. You must keep your account details safe.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via email at info@muuvment.com.

8. How you may use material on our site:

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do not rely on information on this site.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

10. We are not responsible for websites we link to.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

11. User-generated content is not approved by us.

This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us via email at info@muuvment.com.

Our responsibilities

12. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

You are using this site at your own risk. We are not responsible for any direct or indirect loss or damage incurred by using our site.

By using this site you indemnify and hold us harmless from any claim, demand, loss, liability, damage or expense arising in any way from your use of the site.

If you are using the site as a, including, but not limited to, user, employee, guest, or member (“Member”) of an organization that is a client of Muuvment (“Member Organization”), any claim arising in relation to your use of the site or these terms shall be limited to claims made against the Member Organization, we shall not be liable for any losses or damages and we shall not be named as a defendant or co-defendant in any such claim.

If you are a business user:

• we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• we are not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, including, but not limited to:
  - use of, or inability to use, our site; or
  - use of or reliance on any content displayed on our site.
• In particular, we will not be liable for, including, but not limited to:
  - loss of profits, sales, business, or revenue;
  – business interruption;
  - loss of anticipated savings;
  - loss of business opportunity, goodwill or reputation; or
  - any indirect or consequential loss or damage.

For all users:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
• We are not responsible for any defective digital content that we have supplied in the event that it damages a device or digital content belonging to you.

13. Uploading content to our site:

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1996 and may be in breach of other applicable legislation or regulations. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our site other than that set out above, please contact us via info@muuvment.com or using the customer chat function on the website.

Legal bits and pieces

15. Which country's laws apply to any disputes?

i. You agree that to the extent permitted by law, any and all claims or disputes arising out of or relating to these terms and to your use of our site, will be settled by final and binding arbitration under The Bermuda International Arbitration and Conciliation Act 1993 (1993 Act).

ii. The arbitrator will have jurisdiction to determine the arbitrability of any claim.  The arbitrator will not have the right to add to, subtract from or modify any of the terms of this Agreement.

iii. The arbitrator shall have the authority to grant all monetary or equitable relief (including, without limitation, injunctive relief and ancillary costs and fees) available under the laws of Bermuda. Judgment on any award rendered by the arbitrator may be entered and enforced by a court having jurisdiction thereof.

iv. Notwithstanding this section, we are entitled to enforce any and all of our rights under these terms in a court of law in any jurisdiction in which a breach or threatened breach occurs.

v. This Agreement shall be governed and construed in accordance with the laws of Bermuda and you and we irrevocably attorn to the non-exclusive jurisdiction of the courts of Bermuda, subject to Article 15(i)-(iv) above.