Terms of service
Terms of Service
Overview
Welcome to Movita Global. The terms “we,” “us” and “our” refer to Movita Global.
Movita Global operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”).
Movita Global is powered by Shopify, which enables us to provide the Services to you.
These Terms and Conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at:
https://movitaglobal.com/policies/privacy-policy
If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
Section 1 — Access and Accounts
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, territory or jurisdiction of residence. You also represent that you have given us permission to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information and shipping information.
You represent and warrant that all information you provide is accurate, current and complete and that you have all rights necessary to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.
Section 2 — Our Products
We make every reasonable effort to accurately represent our products and services in our online store. However, product colours and appearance may differ from what appears on your screen because of your device type, display settings and configuration.
We do not warrant that the appearance or quality of any product or service will meet your expectations or appear exactly as depicted in our online store.
Product descriptions may be changed at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantity of products offered to any person, geographic region or jurisdiction.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Movita Global reserves the right to accept or decline an order for any lawful reason and at its discretion.
Your order is not accepted until Movita Global confirms its acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.
If we decline, change or cancel an order, we will attempt to notify you using the email address provided when the order was placed.
Purchases are subject to our Refund Policy, available at:
https://movitaglobal.com/policies/refund-policy
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts and promotions are subject to change without notice.
The price charged for a product or service will be the price displayed when the order is placed and will appear in your order confirmation email.
Unless otherwise expressly stated, listed prices do not include applicable taxes, shipping fees, handling charges, customs duties or import charges.
Prices displayed in our online store may differ from prices offered by third-party retailers. We may periodically offer promotions governed by terms and conditions separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information. You also agree to promptly update your email address, payment details and other account information so that we can complete transactions and contact you when necessary.
You represent and warrant that:
- The payment information you provide is accurate and complete.
- You are authorized to use the selected payment method.
- Charges incurred by you will be honoured by your payment provider.
- You will pay all applicable charges, including shipping, handling and taxes.
Section 5 — Shipping and Delivery
All delivery times are estimates and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, severe weather, service interruptions or events outside our reasonable control.
Once products are transferred to the shipping carrier, title and risk of loss will pass to you to the extent permitted by applicable law.
Section 6 — Intellectual Property
The Services, including all trademarks, brand names, text, images, graphics, product reviews, videos, audio and their design, selection and arrangement, are owned by Movita Global, its affiliates or licensors.
These materials are protected by Canadian and international copyright, trademark, patent and other intellectual property laws.
You may use the Services only for personal and non-commercial purposes. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services.
Except as expressly provided, nothing in these Terms grants you any licence or right under any patent, trademark, copyright or other intellectual property belonging to Movita Global, Shopify or a third party.
Movita Global’s names, logos, product names, service names, designs and slogans are trademarks of Movita Global or its affiliates or licensors. You may not use these trademarks without prior written permission.
Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other trademarks appearing through the Services belong to their respective owners.
Section 7 — Optional Tools
We may provide access to tools offered by third parties that we do not monitor, control or manage.
You acknowledge that access to such tools is provided “as is” and “as available,” without warranties, representations, conditions or endorsement of any kind.
We are not responsible for any loss or damage arising from your use of optional third-party tools.
Your use of these tools is entirely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms imposed by the applicable third-party provider.
We may introduce new features, tools and resources through the Services. These additions will be considered part of the Services and will be subject to these Terms.
Section 8 — Third-Party Links
The Services may contain content or links to websites operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, security or practices of third-party websites. If you leave the Services to access third-party content or websites, you do so at your own risk.
We are not responsible for losses or damages relating to your access to, purchase from or use of third-party websites, products, services, resources or content.
Please carefully review the policies and practices of third parties before completing a transaction. Questions or complaints regarding third-party products and services should be directed to the applicable third party.
Section 9 — Relationship With Shopify
Movita Global is powered by Shopify, which enables us to provide the Services.
However, purchases made through our store are transactions directly between you and Movita Global.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a transaction between you and Movita Global, including any injury, damage or loss resulting from purchased products or services.
To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to purchases and transactions made with Movita Global.
Section 10 — Privacy Policy
Personal information collected through the Services is subject to our Privacy Policy:
https://movitaglobal.com/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Consumer Privacy Policy:
https://privacy.shopify.com/en
Because the Services are hosted by Shopify, Shopify collects and processes information relating to your access to and use of the Services.
Information submitted through the Services may be transmitted to Shopify and other service providers located outside your country of residence for the purpose of providing and improving the Services.
By using the Services, you acknowledge that you have reviewed and understood the applicable privacy policies.
Section 11 — Feedback
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any lawful purpose, including commercial purposes.
You represent and warrant that:
- You own or possess all necessary rights to the Feedback.
- You have disclosed any compensation or incentives received in connection with the Feedback.
- Your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, compensate you for Feedback or respond to Feedback.
We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates another party’s rights.
You may not use a false email address, impersonate another person or mislead us or others about the origin of any Feedback.
You are solely responsible for your Feedback and its accuracy. We accept no responsibility or liability for Feedback submitted by you or another person.
Section 12 — Errors, Inaccuracies and Omissions
Information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.
Section 13 — Prohibited Uses
You may access and use the Services only for lawful purposes.
You must not use the Services:
- For an unlawful or malicious purpose.
- To violate international, federal, provincial, territorial or local laws.
- To infringe our intellectual property rights or the rights of others.
- To harass, abuse, threaten, defame or harm another person.
- To transmit false or misleading information.
- To upload or distribute viruses, malware or other harmful code.
- To collect or track the personal information of others without authorization.
- To send spam, phishing communications, chain letters or other unauthorized solicitations.
- To impersonate another person or organization.
- To interfere with or circumvent security or access-control features.
- To reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorization.
- To use automated tools to access, scrape or extract information from the Services in violation of these Terms.
We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.
Section 14 — Automated Agents
This section applies if you use or deploy software that takes autonomous or semi-autonomous actions on behalf of a person or organization (an “Agent”) to access or interact with the Services.
An Agent must identify itself and operate in accordance with these Terms. We may limit or prevent an Agent from accessing or interacting with the Services.
Agents must not conceal their automated nature, mimic human behaviour to circumvent restrictions, bypass CAPTCHAs or evade measures designed to control automated access.
Section 15 — Termination
We may terminate these Terms or your access to all or part of the Services at any time and at our discretion, subject to applicable law.
You will remain responsible for all amounts due up to and including the date of termination.
Provisions that should reasonably survive termination will remain in effect, including those concerning intellectual property, feedback, warranties, limitations of liability, indemnification, governing law and privacy.
Section 16 — Disclaimer of Warranties
Information made available through the Services is provided for general informational purposes only.
We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on information provided through the Services is at your own risk.
Except where expressly stated by Movita Global, the Services and all products offered through the Services are provided “as is” and “as available,” without representations, warranties or conditions of any kind, whether express or implied.
To the extent permitted by applicable law, we disclaim implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Some jurisdictions do not permit certain warranty disclaimers, so portions of this section may not apply to you.
Section 17 — Limitation of Liability
To the fullest extent permitted by law, Movita Global and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data and replacement costs, whether based in contract, tort, negligence, strict liability or another legal theory.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
Section 18 — Indemnification
You agree to indemnify, defend and hold harmless Movita Global, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities and third-party claims arising from:
- Your breach of these Terms.
- Your violation of applicable law or another person’s rights.
- Your access to or use of the Services.
We will notify you of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices you.
Section 19 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law.
The unenforceable portion will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
Section 20 — Waiver and Entire Agreement
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules published through the Services constitute the entire agreement between you and Movita Global regarding your use of the Services.
They supersede previous or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguity in these Terms will not be interpreted against the party responsible for drafting them.
Section 21 — Assignment
You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent. Any unauthorized attempt to do so will be void.
We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.
Section 22 — Governing Law
These Terms and any separate agreements through which we provide the Services will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
Any disputes will be submitted to the courts with jurisdiction in Ontario, subject to any mandatory consumer protection rights available to you under applicable law.
Section 23 — Headings
The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.
Section 24 — Changes to These Terms
You may review the current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by publishing revisions on our website.
We will provide notice of material changes when required by applicable law. Changes will take effect on the date specified in the applicable notice.
Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
Section 25 — Contact Information
Questions about these Terms of Service should be sent exclusively by email to: