PLEASE READ CAREFULLY BEFORE USING THIS SITE.
- The Program. Aeromove is an exciting move services program offering Aeroplan Members the opportunity to earn Aeroplan Miles on the purchase and use of products and services related to qualifying move services. Aeromove provides a single destination to access essential moving services, including those offered by existing Aeroplan Partners as well as new partners whose products and services are closely linked to the moving process (the “Services”). The Services are offered through the Site and Aeromove contact centre.
- Acceptance. By accepting to join or continue your membership in Aeromove, or by accessing the Site or using any of the Services, you agree to be bound by these Rules and Regulations and additional or alternative terms, conditions, rules and policies in connection with any particular Service. Please note that the Rules and Regulations may be updated from time to time without notice to you. Because the Rules and Regulations contain legal obligations, please read them carefully. You must be a resident of Canada to use the Site, and in order to participate in Aeromove, you must also be an Aeroplan Member.
- Amendment of the Rules and Regulations. Homeserve reserves the right to make changes to the Site and to modify, alter or otherwise update these Rules and Regulations at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued participation in Aeromove and continued use of the Site shall constitute your acceptance of any revisions to the Rules and Regulations.
- Registration and Passwords. Aeromove requires registration in the Program in order to access the Services. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for maintaining the confidentiality of any personal identification numbers and passwords which you select or are assigned in the registration process on the Site, all activities that occur under such personal identification number or password, and notifying Homeserve of any unauthorized use of your personal identification number or password. Homeserve shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with this section.
- Content Ownership. All content, products and services included on this Site, including text, graphics, logos, button icons, images, audio and video clips, and software (collectively the “Content”) is the property of Homeserve, or other parties that have licensed their materials to Homeserve, and is protected by Canadian and international copyright laws. Unless otherwise stated, no Content or material from this Site or any website owned, operated, licensed or controlled by Homeserve may be copied, reproduced from, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print a single copy of the Content for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices.
- Third Party Dealings and Content. The links on the Site will enable you to leave the Site and connect directly to linked sites and to third party web pages and content available over the Internet. Such linked sites are entirely independent of the Site. Homeserve shall not be responsible for the contents of any site linked to the Site or for any link contained in a linked site. When linking to a third party site, you are leaving the privacy coverage of the Site and are then subject to the privacy coverage of the third-party site. Homeserve cannot and does not guarantee that the third-party web site privacy statement is the same or contains the same provisions as the privacy statement of the Aeromove Program or this Site. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. In addition, your correspondence or business dealings with any third parties, including any suppliers, merchants or advertisers, found on or through the Site or any of the Services, are solely between you and such third parties, and any terms, conditions, representations or warranties associated with your dealings with such third parties are strictly between you and the third party. You accept responsibility for ensuring compliance with all applicable laws in connection with any such dealings. You agree that Homeserve shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions. You acknowledge that certain Content on the Site may be supplied by third parties resident and operating outside Ontario and/or may be hosted on computers located outside Ontario.
- Aeroplan Miles and Dealings. For clarity and the purposes of these Rules and Regulations, all references to “third parties” includes Aeroplan LP. Aeroplan LP shall be solely responsible for all matters related to the management and operation of your Aeroplan account, including without limitation the awarding and redemption of Aeroplan Miles to an account. Any grant of Miles pursuant to the Aeromove Program will be issued by Aeroplan LP, and Aeromove shall have no control over such issuance. All matters related to Aeroplan Miles in the Aeromove Program are subject to the terms, conditions, policies and rules of the Aeroplan Program, as they may change from time to time, and Homeserve shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any matters related to the operation of the Aeroplan Program, including without limitation, related to Aeroplan Miles.
- Rules and Conduct. You agree that you will not to use the Site or Services to post, transmit, link to, or otherwise distribute (i) any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or (ii) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or (iii) any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component. In addition, you agree that you will not use the content of the Site on other sites or link to the Site without the written permission of Aeromove, and that you will not use the Site or Services to defame, abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including rights relating to privacy and publicity; to impersonate or falsely represent your association with any person; nor to use, reproduce, sell, resell or otherwise exploit the Site or any of the Services for any commercial purposes.
- Service Modifications. You acknowledge and agree that Homeserve may at any time modify or discontinue the Site or any of the Services with or without notice to you, and that Homeserve will not be held responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
- Termination. Your Site membership and our agreement are effective until they are terminated by you or Homeserve. You acknowledge and agree that Homeserve may, in its sole discretion and without notice to you, suspend or terminate your use of, or access to, the Site or any of the Services. You further agree that Homeserve shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Homeserve in operating the Site, your sole and exclusive remedy is to discontinue using the Site and the Services. All of the provisions of these Rules and Regulations that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of these Rules and Regulations and you agree to remain bound by those provisions.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT AND ANY WEB SITE TO WHICH THE SITE IS LINKED, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMESERVE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
HOMESERVE SPECIFICALLY MAKES NO WARRANTIES THAT THE SITE OR ANY OF THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE CORRECT, ACCURATE AND RELIABLE. HOMESERVE DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AND CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT HOMESERVE) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.The Site is controlled and operated at offices in Toronto, Ontario, Canada. Certain Content may be hosted on computers in other jurisdictions. Homeserve makes no representation that Content on the Site is appropriate or available for use in other locations. If you choose to access this Site and Content from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HOMESERVE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER HOMESERVE HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE OR CONTENT OR MATERIALS ACCESSIBLE FROM OR OBTAINED THROUGH THE SITE, OR (B) ANY OTHER MATTER RELATING TO THE SITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HOMESERVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.
- Indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Homeserve, its suppliers, advertisers and other partners, directors, officers, employees and agents, harmless from any and all liabilities, claims, costs and expenses, including legal fees and costs, arising out of or related to or in connection with: (i) the violation or breach of any provision of these Rules and Regulations by you or any user of your account; or (ii) the use of the Site or any of the Content by you or any user of your account.
- Intellectual Property and Trademarks. Except as expressly provided, nothing herein or within the Site or any of the Services shall be construed as conferring any license under any of the intellectual property rights of Homeserve or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of Homeserve, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Site. The “AEROMOVE” word mark and logo, and related Aeromove Program trademarks and logos, are registered and unregistered trademarks of Aeroplan LP used under exclusive license by Homeserve. All other product, brand, company names, trademarks, logos or other intellectual property used or displayed on the Site are the intellectual property of their respective owners. Your use of any of the intellectual property appearing on the Site is expressly prohibited without the prior written consent of Homeserve or owner of the intellectual property, as applicable.
- Jurisdiction. The Site originates in Canada. You agree and acknowledge that your use of this Site and Content shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Rules and Regulations, and any disputes in connection with your use of this Site or its Content, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Rules and Regulations shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
- General. The Rules and Regulations constitute the entire agreement between Homeserve and you pertaining to your use of the Site and the Services, and supercede any prior agreements between you and Homeserve. Failure of Homeserve to insist upon or enforce strict performance of any right or provision of the Rules and Regulations shall not constitute or be construed as a waiver of any right or provision. The parties have required that the Rules and Regulations and all documents relating thereto be drawn up in English.