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TERMS & CONDITIONS

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “On The Move Enterprise LLC” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and On The Move Enterprise LLC (“On The Move Enterprise LLC”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and On The Move Enterprise LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.

Age requirement

You must be at least 18 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Mobile Application and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.

Links to other resources

Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.

Terms and Conditions of Use of Doing Business With On The Move Enterprise LLC

On The Move Enterprise LLC Web Site is owned and operated by On The Move Enterprise LLC. When you obtain information to or buy services from this Web Site, email or phone, you agree to the terms, conditions and disclaimers as amended from time to time and as set out below ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By using this Web Site to buy a delivery service or by registering on this Web Site you expressly agree to be bound by these Terms and Conditions. Please read this Disclaimer and Terms and Conditions prior to ordering any services from this Web Site. These Terms and Conditions govern the use of this Web Site and the purchase of any services from it.

On The Move Enterprise LLC may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Web Site after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact On The Move Enterprise LLC prior to ordering any services from this Web Site. All data provided by you to On The Move Enterprise LLC will be considered as confidential information and will not be disclosed by On The Move Enterprise LLC to any third party except as may be required for the provision of the services you have requested On The Move Enterprise LLC provides.

On The Move Enterprise LLC Terms And Conditions

1. INTERPRETATION In these terms and conditions: "Courier" shall mean On The Move Enterprise LLC its agents and Sub-Contractors. "Customer" means the person or entity, or as servants or agents, entering into this contract with the Courier. "Sub-Contractor" means and includes: (a) Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract (b) Any person who is now or later a servant, agent, employee or Sub-Contractor of any other persons referred to in (a) above.

2. COURIER IS NOT A COMMON CARRIER 2.1 The Courier is not a common carrier and will accept no liability as such. 2.2 All goods or articles are carried or transported, and all storage and other services are performed by the Courier subject to these conditions. 2.3 The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal.

3. RIGHT TO SUB-CONTRACT 3.1 The Customer authorizes the Courier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion. 3.2 The Sub-Contractor is deemed to be entitled to the full benefit of these terms and conditions to the same extent as the Courier. The Courier is deemed to have entered into this contract for its own benefit and also as agent for the Sub-Contractor.

4. DELIVERY OF GOODS 4.1 The Courier is authorized to deliver the goods at the address given to the Courier by the Customer for that purpose, and without prejudice to any other method of delivery. 4.2 The Courier is taken to deliver the goods specified in the Contract in accordance with the term and conditions of the Contract if at that address the courier obtains from any person a receipt or signed delivery docket for the goods. 4.3 If the specified place of delivery is unattended or if the Courier is otherwise unable to effect delivery, the Courier will contact the customer to arrange alternate directions, ie. request an alternative ‘ATL’, to leave safe, redelivery, alternate address or return goods to address of collection. The Customer must pay or indemnify the Courier for all costs and expenses incurred in or about for additional directions. 4.4 If the Courier receives an 'ATL' to in accordance with Clause 4.3, this is deemed to be delivery of the goods under this contract. 4.5 The Customer agrees to any deviation by the Courier from the usual route or manner of carriage of the goods which may be deemed by the Courier to be reasonable or necessary in the circumstances at its absolute discretion.

5. RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MISS- DELIVERY 5.1 Unless otherwise agreed in writing, the goods are carried at the risk of the Customer and the Courier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or mis-delivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason. 5.2 The Customer agrees to indemnify the Courier against all loss, damage and expense sustained by any person (including the Courier) by reason of any such loss, damage, misdelivery, non-delivery or delay in delivery as mentioned in Clause 5.1.

6. EXPLOSIVE, INFLAMMABLE OR OTHERWISE DANGEROUS GOODS 6.1 The Customer or the Customer's authorized agent must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by the Courier unless the Customer gives the Courier a full description of the goods. 6.2 If the Customer fails to comply with Clause 6.1, the Customer is liable for all loss and damage resulting from this breach.

7. CLAIMING FOR LOSS OR DAMAGE 7.1 Any claim for loss or damage to the goods the subject of this contract in whole or in part by the Customer or the Consignee must be lodged with the Courier in writing within seven (7) days from the date of dispatch of the goods.

8. CUSTOMER'S WARRANTY AS TO OWNERSHIP OR OTHERWISE 8.1 The Customer expressly warrants to the Courier that the Customer is either the owner of, or authorized agent of the owner, of any goods under this contract. 8.2 By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract of carriage on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing. 8.3 The Customer agrees to indemnify the Courier for any liability whatsoever to any person in respect of the goods subject to this Contract (other than the Customer) who claims to have, who has, or may have later on, any interest in the goods in whole or in part.

9. CUSTOMER'S WARRANTY AS TO PACKAGING OF GOODS 9.1 The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labeling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods. 9.2 The Customer agrees to indemnify the Courier to the extend that the Customer fails to comply with this warranty and loss or damage result from the Customer's failure to comply.

10. CHARGES BY THE COURIER 10.1 The Courier's charges are deemed to be earned as soon as the driver assigned to the order for service is dispatched by the Courier. 10.2 The Customer will be and remains responsible to the Courier for all proper charges incurred by the Courier for any reason whatsoever, including attempts and unsuccessful pick up and/or delivery attempts due to Non-Courier / Driver related issues. In the event a driver is dispatched and arrives at the pickup or delivery location, is turned away by the customer, the customer’s client or employee, all service charges are deemed forfeited to compensate travel time, labor, mileage, fuel, and any other expenses. 11.3 The Courier is entitled to make a charge for any delay over ten (10) minutes in loading or unloading the goods which results from the Customer's default. The permissible delay period starts upon the Courier reporting at the relevant place for loading or unloading. 11.4 The cost of any labor to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods. 11.5 The Courier has the right to cancel (see 13) the service should the goods not be ready for cartage within 10 min of the Couriers arrival at the point of collection. The Courier will notify the Customer of this in effect.

12. TERMS OF PAYMENT 12.1 Customers must pre-pay for each job/service in advance via credit card. 12.2 Nothing prevents the Courier from taking any action necessary to recover any unpaid courier charges. The Courier is entitled without express authorization from the Customer to recover any and all costs incurred by the Courier in recovering unpaid courier charges, including debt collection costs, commissions, legal fees and any out-of-pocket expense. 12.3 The Courier reserves the right to retain the Customers credit card details if provided to us for the purposes of this agreement (12.2), including to process any future payment of fees from the customer. The Customer acknowledges that they are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments. 12.4 The Customer agrees to pay all costs, legal or otherwise, incurred in the collection of charges due and owing by the Customer to the Courier for carriage of goods.

13. CANCELLATION CHARGES 13.1 The Courier will charge the Customer 100% of the quoted price if the contract is cancelled after the Courier has arrived at the collection address. 13.2 The Courier will charge the Customer 100% of the quoted price if the contract is cancelled after the contract has been accepted by the Courier.

14. REFUNDS POLICY 14.1 The Courier does not issue refunds under any circumstances.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by On The Move Enterprise LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with On The Move Enterprise LLC. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of On The Move Enterprise LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of On The Move Enterprise LLC or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will On The Move Enterprise LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of On The Move Enterprise LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to On The Move Enterprise LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold On The Move Enterprise LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of North Carolina, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in North Carolina, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: 

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