Terms and Conditions

1. INTERPRETATION

The following definitions and rules of interpretation apply in these Conditions.

Definitions:

• Agreement: The contract between the Customer and EASYMOVE CANADA for the supply of the Services in accordance with these Conditions, the Order, and any Schedules.

• Business Day: A day other than a Saturday, Sunday, or statutory/public holiday in the Province of Ontario or the relevant Canadian jurisdiction where Services are being provided.

• Charges: The charges payable by the Customer for the supply of the Services in the relevant Order, in accordance with clause 8. The prices for any sea & air freight will be the cost to EASYMOVE CANADA plus an agreed margin.

• Conditions: These terms and conditions as amended from time to time in accordance with clause 11.6.

• Consumer Price Index (CPI): The Consumer Price Index for Canada (all-items) published from time to time by Statistics Canada, or the equivalent consumer price index in any relevant provincial jurisdiction.

• Customer: The person, individual, consumer, or firm who purchases Services from EASYMOVE CANADA.

• Customer Materials: All information, systems, concepts, brands, logos, illustrations, materials, and documents supplied by the Customer to EASYMOVE CANADA.

• Data Protection Laws: Any applicable federal or provincial data protection or privacy laws or regulations in Canada, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and any substantially similar provincial legislation (such as the Ontario Freedom of Information and Protection of Privacy Act or private sector privacy acts in other provinces, where applicable), and any laws that implement, supersede, replace, or override any of those laws or regulations.

• Deliverables: All documents, products, and materials provided by EASYMOVE CANADA to the Customer in relation to the Services.

• EASYMOVE CANADA: EASYMOVE TECHNOLOGIES CANADA INC., a corporation incorporated under the laws of Canada/Ontario, having its principal place of business at 100 Burncrest Road, Markham, Ontario L3R 0B7.

• Event of Force Majeure: Any circumstance not within a party's reasonable control including, without limitation, strikes, lockouts, or other labour disputes or disturbances, acts of nature, fire, floods, lightning, severe weather, ice storms, blizzards, shortages of materials, rationing, utility failures, failure of or delay of any person from which the party must obtain information or permits in order to perform its obligations under the Agreement, failure or delay in any system of electronically transmitting or receiving information or funds, earthquakes, war, revolution, terrorist act, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand, or requirement having legal effect of any federal, provincial, or municipal government or any judicial authority.

• Group: In relation to a party, that party, any subsidiary or holding company of that party, and any subsidiary of a holding company of that party.

• Intellectual Property Rights: All copyright, trademarks, service marks, trade, business, and domain names, rights in computer software, database rights, rights in confidential information, and any other intellectual or industrial property rights, whether registered or unregistered, including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection in Canada or any other part of the world.

• Order: A written or electronic order for Services in any form that the parties may agree from time to time.

• Representatives: Directors, officers, employees, agents, sub-contractors, and professional advisers.

• Services: The moving, logistics, transport, and technology services (as may be amended from time to time by agreement between the parties), including any Deliverables, to be supplied by EASYMOVE CANADA to the Customer as set out in the Specification or Order.

• Specification: The description or specification of the Services provided in writing or electronically by EASYMOVE CANADA to the Customer.

• Supplier IPRs: All Intellectual Property Rights subsisting in the Deliverables excluding any Customer Materials incorporated in them.

Interpretation:

• A reference to a statute or statutory provision includes it as amended, consolidated, or re-enacted from time to time, and any subordinate legislation made under it.

• Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

• Writing or written includes email.

• A party means each party to the Agreement, including its permitted successors or assigns.

2. BASIS OF AGREEMENT

• 2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

• 2.2 The Order shall only be deemed accepted when EASYMOVE CANADA accepts the Order in writing or begins performance of the Services, at which point and on which date the Agreement will come into existence.

• 2.3 Any descriptive matter, advertising, or estimates issued by EASYMOVE CANADA or contained in EASYMOVE CANADA’s catalogues, brochures, or website are published for the sole purpose of giving an approximate idea of the Services described in them. They do not form part of the Agreement or have any contractual force unless expressly incorporated in writing.

• 2.4 These Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade, custom, practice, or course of dealing.

3. CANCELLATION AND RESCHEDULING POLICY

• 3.1 Non-Refundable Deposit: To secure a booking for Services, the Customer is required to pay a deposit as specified in the Order, invoice, or receipt. All deposits are strictly non-refundable and non-transferable, as explicitly emphasized on all EASYMOVE CANADA invoices and receipts, representing liquidated damages for administrative and reservation costs, and not a penalty.

• 3.2 Permitted Rescheduling: The Customer is permitted to reschedule the date and/or time of the scheduled Services one (1) time for free, provided that the Customer gives EASYMOVE CANADA a minimum of forty-eight (48) hours advance written notice prior to the original scheduled booking time.

• 3.3 Exclusion from Free Rescheduling: The provision for a free one-time reschedule under clause 3.2 does not apply if the reschedule request or service delay arises from the Customer's failure to reserve/book a service elevator, secure property access permissions, or if the Customer does not have physical access to the moving-out or moving-in location due to factors outside of EASYMOVE CANADA's control (including but not limited to building management restrictions, landlord disputes, or key transfer delays). In such events, the original deposit is forfeited, and additional wait time or re-booking fees will apply at EASYMOVE CANADA's standard rates.

4. SUPPLY OF SERVICES

• 4.1 EASYMOVE CANADA cannot provide Services in those territories or countries where EASYMOVE CANADA decides, at its sole discretion, that it is not permitted to do so due to the imposition of trade, economic, or financial sanctions laws, regulations, embargoes, or restrictive measures.

• 4.2 The Customer may request that EASYMOVE CANADA provide further Services, provide the Services in extra locations, or amend the scope of any existing Services. If the parties agree on the terms of those extra Services, the parties will enter into further Orders or amend existing Orders.

• 4.3 In supplying the Services, EASYMOVE CANADA will:

  • (a) perform the Services with reasonable care and skill consistent with Canadian industry standards;

  • (b) perform the Services in accordance with the Specification in all material respects;

  • (c) comply with all applicable provincial and federal laws, statutes, and regulations in force from time to time; provided that EASYMOVE CANADA will not be liable to the Customer if such compliance causes a breach of its obligations under the Agreement; and

  • (d) take reasonable care of all Customer Materials/goods in its possession, always provided that EASYMOVE CANADA may dispose of or destroy Customer Materials/goods if the Customer fails to collect or accept delivery of them within a reasonable period after termination of the Agreement or the agreed delivery date.

• 4.4 No Legal or Immigration Advice: Notwithstanding that EASYMOVE CANADA may provide logistics information or opinions on local regulations, relocation rules, and customs practices, EASYMOVE CANADA is not qualified to provide legal or immigration advice and does not purport to do so. EASYMOVE CANADA will not be held liable for any advice given, or for not giving advice. The Customer must independently seek qualified legal or professional immigration advice on any matter.

• 4.5 EASYMOVE CANADA will not be held liable for changes in laws, federal/provincial policies, or customs regulations that may impact the outcome of any relocation or shipping services.

5. CUSTOMER'S OBLIGATIONS

• 5.1 The Customer will:

  • (a) co-operate with EASYMOVE CANADA in all matters relating to the Services;

  • (b) provide EASYMOVE CANADA and its Representatives with safe, unobstructed access to the Customer's premises, facilities, elevators, and data as EASYMOVE CANADA reasonably requires, in a timely manner and at no charge;

  • (c) ensure all necessary elevator bookings, parking permits, and building management approvals are secured well in advance of the service date; and

  • (d) provide EASYMOVE CANADA, in a timely manner, with all information and Customer Materials required for the performance of the Services, and ensure they are materially accurate.

• 5.2 Customer Delay or Default: If EASYMOVE CANADA is delayed in or prevented from performing its obligations under the Agreement due to any act, omission, or failure by the Customer or its Representatives (including elevator or site access failures):

  • (a) EASYMOVE CANADA shall not be liable for any costs, charges, or losses that the Customer incurs due to the prevention or delay;

  • (b) EASYMOVE CANADA shall be entitled to payment of the full Charges despite the prevention or delay; and

  • (c) EASYMOVE CANADA shall be entitled to recover from the Customer any additional costs, wait-time fees, storage fees, or losses EASYMOVE CANADA incurs resulting from the prevention or delay.

• 5.3 The Customer warrants that all customs declarations, inventory lists, and information provided to EASYMOVE CANADA for the performance of the Services are genuine, true, and accurate. EASYMOVE CANADA will not be liable for any regulatory fines, confiscations, or losses arising from inaccurate or fraudulent declarations.

6. NON-SOLICITATION

• 6.1 Neither party will entice, solicit, or procure any of the other party’s employees or active subcontractors to leave the employment or service of the other party, or make any attempt to do so, while the Agreement is in effect and for twelve (12) months after the Agreement terminates, expires, or the Services cease to be provided.

• 6.2 General public advertisements of employment opportunities by a party in any public forum (including online job boards, newspapers, or public job fairs) shall not be considered solicitation, and the hiring of an employee as a result of an independent response to such a general advertisement shall not constitute a breach of this clause.

7. INTELLECTUAL PROPERTY

• 7.1 EASYMOVE CANADA and its licensors will retain ownership of all Supplier IPRs. The Customer and its licensors will retain ownership of all Intellectual Property Rights in the Customer Materials.

• 7.2 EASYMOVE CANADA grants the Customer a non-exclusive, royalty-free, non-transferable, revocable licence to use the Supplier IPRs solely to the extent necessary to receive and make reasonable use of the Services and Deliverables during the term of the Agreement.

• 7.3 The Customer grants EASYMOVE CANADA a worldwide, non-exclusive, royalty-free, non-transferable licence to copy, use, and modify the Customer Materials for the term of the Agreement solely for the purpose of providing the Services.

8. DATA PROTECTION

• 8.1 Compliance: Each party will comply with all applicable Canadian Data Protection Laws (including PIPEDA) as they apply to the collection, use, disclosure, and protection of personal information under the Agreement.

• 8.2 Consent: The Customer warrants and represents that it has obtained all necessary consents from its employees, stakeholders, or transferees to enable EASYMOVE CANADA to lawfully process personal information (such as names, addresses, and contact details) for the purpose of executing the moving and relocation services.

• 8.3 Safeguards: EASYMOVE CANADA shall implement appropriate technical and organizational safeguards to protect personal information against unauthorized access, accidental loss, alteration, or disclosure.

• 8.4 Indemnity: The Customer will indemnify and keep indemnified EASYMOVE CANADA against any losses, damages, privacy claims, regulatory fines, and legal expenses arising out of a breach of Data Protection Laws by the Customer or lack of valid consumer/employee consent.

9. CHARGES AND PAYMENT

• 9.1 The Customer will pay EASYMOVE CANADA the Charges in accordance with this clause 9. If any information or structural details (e.g., stairs, weight of items, distance) provided by the Customer are incorrect or change, EASYMOVE CANADA reserves the right to adjust its Charges accordingly.

• 9.2 Taxes: All amounts payable by the Customer exclude applicable federal and provincial sales taxes (including GST, HST, and PST where applicable), which the Customer shall additionally be liable to pay to EASYMOVE CANADA at the prevailing rate.

• 9.3 Payment Terms: The Customer will pay each invoice due and submitted to it by EASYMOVE CANADA in full in cleared Canadian Dollars (CAD) within the timeframe specified on the Order or invoice (or, if not specified, within thirty (30) days of receipt) via credit card, electronic funds transfer (EFT), Interac e-Transfer, or a bank account nominated by EASYMOVE CANADA.

• 9.4 Late Payment Interest & Fees: If the Customer fails to make any payment due to EASYMOVE CANADA by the due date, then without limiting EASYMOVE CANADA's other remedies:

  • (a) the Customer will pay interest on the overdue amount at a rate of 8% per annum above the Bank of Canada Prime Rate from time to time. Such interest will accrue on a daily basis from the due date until actual payment of the overdue amount is made in full; and

  • (b) the Customer will pay an administrative late fee of $75.00 CAD per overdue invoice.

• 9.5 Suspension of Services: EASYMOVE CANADA reserves the right to suspend or withhold any ongoing Services, transport, or deliveries until any outstanding payment has been made in full.

• 9.6 No Set-Off: All amounts due under the Agreement will be paid by the Customer to EASYMOVE CANADA in full without any set-off, counterclaim, deduction, or withholding unless required by law.

• 9.7 Inflation and Exchange Adjustments: With effect from the first anniversary of the Agreement, EASYMOVE CANADA may adjust the Charges to reflect increases or decreases in the cost of major service inputs based on the percentage change in the Statistics Canada Consumer Price Index (CPI), or changes in currency exchange rates between CAD and origin/destination currencies based on certified daily tracking.

10. LIMITATION OF LIABILITY

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

• 10.1 Nothing in the Agreement will limit or exclude EASYMOVE CANADA's liability for death or personal injury caused by its proven negligence, fraud, fraudulent misrepresentation, or any liability which cannot be limited or excluded under applicable provincial or federal laws (including mandatory provincial consumer protection rules).

• 10.2 Exclusions of Damages: Subject to clause 10.1, EASYMOVE CANADA will not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

  • (a) loss of profits, sales, or business revenues;

  • (b) loss of agreements or contracts;

  • (c) loss of anticipated savings;

  • (d) loss of use or corruption of software, data, or information;

  • (e) loss of or damage to goodwill; or

  • (f) any indirect, incidental, special, or consequential loss or damage, even if reasonably foreseeable.

• 10.3 General Liability Cap: Subject to clause 10.1 and 10.4, EASYMOVE CANADA's total aggregate liability to the Customer under or in connection with the Agreement, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total Charges paid by the Customer to EASYMOVE CANADA under the specific Order giving rise to the liability.

• 10.4 Household Goods Transit Limitations: Moving and transit of household goods are subject to specific limitations of valuation as outlined on EASYMOVE CANADA’s specialized Household Goods Terms & Conditions. Unless a higher valuation is declared and additional cargo protection fees are purchased by the Customer in advance:

  • (a) EASYMOVE CANADA’s liability for loss or damage to household goods during transit, loading, or unloading is strictly limited to a maximum valuation of $0.60 CAD per pound per article (or the provincial statutory carrier liability limit, whichever is higher), or, at EASYMOVE CANADA’s sole option, the cost to repair the damaged item.

  • (b) EASYMOVE CANADA will not be liable for damage or loss caused by: (i) Force Majeure events, (ii) fire, (iii) moth, insects, or vermin, (iv) cleaning or restoration work, (v) gradual deterioration, leakage, or evaporation of perishable or liquid goods, (vi) items packed or unpacked by the Customer (PBO - Packed by Owner), (vii) mechanical or electronic derangement of appliances or electronics unless accompanied by evidence of severe external impact, or (viii) high-value excluded articles including cash, currency, jewelry, watches, bank cards, passports, deeds, or precious stones. It is the sole responsibility of the Customer to insure high-value goods independently.

11. TERMINATION

• 11.1 Either party may terminate the Agreement with immediate effect by giving written notice to the other party if:

  • (a) the other party commits a material breach of the Agreement that is irremediable or remains un-remedied ten (10) days after written notice demanding remedy;

  • (b) the other party becomes insolvent, files a assignment in bankruptcy, files a proposal under the Bankruptcy and Insolvency Act (Canada), seeks protection under the Companies' Creditors Arrangement Act (Canada), or undergoes any analogous liquidation or receivership process; or

  • (c) the other party suspends, or threatens to suspend, or ceases to carry on a substantial part of its business.

• 11.2 Acceleration of Sums: On termination of the Agreement for any reason, the Customer will immediately pay to EASYMOVE CANADA all outstanding unpaid invoices and interest. For Services performed but not yet invoiced, EASYMOVE CANADA shall issue an invoice, which is payable immediately upon receipt.

12. GENERAL Provisions

• 12.1 Force Majeure: Neither party will be liable for any delay or failure in performing its obligations under the Agreement to the extent caused by an Event of Force Majeure, provided the affected party promptly notifies the other party, takes reasonable steps to mitigate the effects, and resumes performance immediately upon cessation of the event. If a Force Majeure event continues for more than thirty (30) days, either party may terminate the Agreement upon written notice.

• 12.2 Anti-Bribery Compliance: The parties will comply with all applicable Canadian laws relating to anti-bribery and anti-corruption, including the Corruption of Foreign Public Officials Act (CFPOA) and relevant provisions of the Criminal Code (Canada).

• 12.3 Assignment: The Customer shall not assign, transfer, or subcontract any of its rights or obligations under the Agreement without EASYMOVE CANADA’s prior written consent. EASYMOVE CANADA may at any time assign, transfer, or subcontract its rights and obligations under this Agreement to qualified third parties or independent contractors.

• 12.4 Severability: If any provision or part-provision of the Agreement is or becomes invalid, illegal, or unenforceable under applicable law, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, it shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected.

• 12.5 Notices: Any notices required under this Agreement shall be in writing and delivered personally, sent by pre-paid registered mail/courier, or transmitted via email to the address specified in the Order. For EASYMOVE CANADA, notices must be copied to 100 Burncrest Road, Markham, Ontario L3R 0B7.

• 12.6 Governing Law and Jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each party irrevocably agrees that the courts of the Province of Ontario shall have exclusive jurisdiction to settle any dispute or claim arising under this Agreement.