Overview

The websites located at ca.mova.tech and any related webpages, whether accessed through a desktop browser, mobile browser, mobile application, or otherwise (collectively, the “Sites”), are operated by Spacewalker Technology USA Inc, a Delaware corporation (“MOVA,” “we,” “us,” or “our”).

These Terms & Conditions (“Terms”) govern your access to and use of the Sites and any products, services, features, content, programs, promotions, and other offerings made available through or in connection with the Sites, including any purchase of products or services through the Sites (collectively, the “Services”).

Certain products, services, programs, promotions, warranties, financing options, contests, sweepstakes, or other offerings may be subject to additional terms and conditions (“Additional Terms”). Additional Terms are incorporated into these Terms by reference. In the event of a conflict between these Terms and any applicable Additional Terms, the applicable Additional Terms shall govern solely with respect to the relevant offering.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

We may modify these Terms from time to time. Changes will become effective upon posting to the Sites unless otherwise stated. Where required by applicable law, we will provide reasonable notice of material changes. Your continued access to or use of the Services after such changes become effective constitutes your acceptance of the revised Terms.

Eligibility

You may access or use the Services only if you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is higher, and are legally capable of entering into a binding agreement.

By accessing or using the Services, you represent and warrant that you meet these eligibility requirements and will comply with these Terms and all applicable laws in connection with your use of the Services.

Privacy

Your use of the Services is subject to our [Privacy Policy], which is incorporated into these Terms by reference. By accessing or using the Services, you acknowledge that your information may be collected, used, disclosed, stored, transferred, and processed as described in the Privacy Policy.

Account Registration and Security

Certain features of the Services may require you to create an account. You agree to provide accurate, current, and complete information when creating an account and to keep such information updated.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized access to or use of your account or any other suspected security breach.

You may not sell, share, transfer, assign, or otherwise permit any other person to access your account.

We reserve the right to refuse registration, suspend, restrict, disable, or terminate any account, or remove, reclaim, or modify any username, at any time and for any lawful reason, including where we reasonably believe that you have violated these Terms, applicable law, or our policies, or where necessary to protect the security, integrity, or operation of the Services.

To the fullest extent permitted by applicable law, MOVA is not responsible for any loss, damage, liability, or claim arising from your failure to maintain the confidentiality or security of your account credentials, or from any unauthorized access to or use of your account.

Permitted Use

You may use the Services only in compliance with these Terms and all applicable laws.

You agree not to engage in any activity that violates these Terms, applicable law, or the rights of any person or entity, including, without limitation, the following:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software, applications, technology or functionality made available through the Services;
• Modify, disable, interfere with, circumvent, or attempt to bypass any security, authentication, or access-control features of the Services;
• Copy, reproduce, distribute, transmit, publicly display, create derivative works from, sell, lease, sublicense, or otherwise exploit any part of the Services or their content except as expressly permitted by these Terms;
• Use the Services for any unlawful, fraudulent, deceptive, abusive, harmful, or unauthorized purpose;
• Introduce viruses, malware, malicious code, bots, or other harmful technologies;
• Access or attempt to access any data, accounts, systems, or networks without authorization;
• Collect, scrape, harvest, extract, or otherwise obtain information from the Services through automated means without our prior written consent, including through bots, crawlers, spiders, scripts, artificial intelligence tools, or similar technologies;
• Submit false, misleading, fraudulent, or manipulated reviews, ratings, comments, or other User Content;
• Abuse, manipulate, misuse, or attempt to obtain unauthorized benefits from any program, promotion, reward, or other benefit offered by MOVA;
• Violate any intellectual property rights, privacy rights, publicity rights, or other rights of any person or entity;
• Use any automated means to place orders, create accounts, redeem rewards, submit reviews, participate in promotions, or otherwise interact with the Services in a manner intended to circumvent limitations or restrictions imposed by MOVA;
• Interfere with, disrupt, or compromise the operation, integrity, security, or functionality of the Services, or attempt to do so.

We reserve the right to investigate any actual or suspected violation of this Section and, where permitted by applicable law, suspend, restrict, terminate, or otherwise limit access to the Services or any account, and take any other action permitted by applicable law.

Intellectual Property Rights

All content made available through the Services, including text, graphics, images, videos, software, designs, user interfaces, layouts, product descriptions, documentation, trademarks, logos, product names, and other materials (collectively, the “Content”), is owned by, licensed to, or otherwise used with authorization by MOVA and is protected by applicable copyright, trademark, patent, trade dress, and other intellectual property laws. For clarity, “Content” does not include User Content submitted by users, which is governed by Section 7 (User Content).

Subject to your compliance with these Terms, MOVA grants you a limited, revocable, non-exclusive, non-transferable license to access, view, and use the Services and Content solely for your personal, non-commercial use.

Except for the limited license expressly granted above, no right, title, or interest in the Services or Content is transferred to you, and all rights not expressly granted are reserved by MOVA and its licensors.

User Content

The Services may allow you to submit, upload, post, transmit, or otherwise provide reviews, comments, photographs, videos, contest entries, suggestions, feedback, or other content (collectively, “User Content”).

You retain ownership of any intellectual property rights you may have in your User Content. However, by submitting User Content through the Services, you grant MOVA and its affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, distribute, display, perform, and otherwise use such User Content in connection with the operation, maintenance, promotion, marketing, improvement, and provision of the Services, and related business activities, in any media now known or later developed, to the fullest extent permitted by applicable law. The rights granted under this Section shall survive termination of your account or these Terms to the extent necessary for MOVA to continue using, maintaining, reproducing, distributing, or displaying User Content previously submitted through the Services.

To the fullest extent permitted by applicable law, you agree not to assert any moral rights or similar rights in a manner that would interfere with the rights granted to MOVA under this Section.

Without limiting the foregoing, any feedback, suggestions, ideas, or recommendations you provide regarding the Services may be used by MOVA without restriction or obligation to you.

You represent and warrant that:

• You own or otherwise control all rights necessary to submit the User Content and grant the license described above;
• The User Content does not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other rights of any third party; and
• The User Content complies with applicable law and does not contain unlawful, misleading, fraudulent, defamatory, abusive, obscene, harassing, threatening, or otherwise objectionable material.

You are solely responsible for your User Content and for ensuring that it complies with applicable law and these Terms.

We reserve the right, but have no obligation, to monitor, review, edit, remove, restrict, disable access to, or refuse any User Content that we reasonably believe violates these Terms, applicable law, or the rights of others, or may harm the Services or users.

If you receive any reward, incentive, points, discount, sweepstakes entry, or other benefit in exchange for or in connection with User Content, you are responsible for making any disclosures required by applicable law.

By submitting User Content, you acknowledge that any personal information contained in such User Content may be processed in accordance with our Privacy Policy.

Orders and Purchases

Order Acceptance and Confirmation

All orders placed through the Sites are subject to acceptance by MOVA. We reserve the right to refuse, cancel, or limit the quantity of any order for any lawful reason, including product unavailability, suspected fraud, pricing or inventory errors, payment issues, violations of these Terms, or suspected commercial resale activity. Receipt of an order confirmation, order acknowledgment, or order number does not constitute acceptance of your order. MOVA accepts your order only when the applicable product is shipped or otherwise made available to you.

Purchase Restrictions

We reserve the right to limit quantities purchased per person, household, account, payment method, address, or order, and to prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, distributors, or other parties purchasing for commercial purposes. We may also limit, refuse, or cancel orders that appear to be placed using automated purchasing methods, bots, scripts, or other technologies intended to circumvent purchase restrictions.

Product Information and Availability

We strive to ensure that information displayed on the Sites is accurate and up to date. However, we do not warrant that any product descriptions, specifications, pricing, availability, images, promotional offers, or other content are complete, accurate, reliable, current, or error-free. Such information may change at any time without notice. Any availability estimates are provided for convenience only and are not guaranteed.

We reserve the right to correct any errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, availability, or inventory. If an order is affected by such errors, we reserve the right to cancel or refuse the affected order, or, with your consent, correct or modify the affected order, whether or not the order has been submitted or confirmed. If we cancel an order after payment has been received, we will refund the amount charged using the original payment method or another method required by applicable law.

Shipping and Delivery

Shipping, delivery, title, and risk of loss are governed by our [Shipping Policy], which is incorporated into these Terms by reference. Any shipping or delivery dates provided are estimates only and are not guaranteed, unless otherwise required by applicable law.

Returns, Refunds, and Warranty

Returns, refunds, replacements, and related customer remedies are governed by our [Return, Refund & Replacement Policy], which is incorporated into these Terms by reference.

Product warranty coverage, exclusions, limitations, and warranty claim procedures, if applicable, are governed by our [Limited Warranty Policy], which is incorporated into these Terms by reference.

Pricing and Payment

Pricing

Prices displayed on the Sites are shown in Canadian dollars (CAD) and do not include applicable taxes, shipping charges, or other charges unless expressly stated. Applicable taxes and other charges may apply at checkout.

Payment

You agree to provide current, complete, and accurate billing and payment information for all purchases made through the Sites and to pay all amounts due in connection with your purchase, including any applicable taxes, shipping charges, and other fees. You represent and warrant that you are authorized to use the payment method you designate for your purchase.

Payment processing services may be provided by third-party payment service providers. Your use of such services may be subject to the terms and conditions of the applicable payment service provider.

By submitting an order, you authorize MOVA and its payment service providers to charge your selected payment method for all amounts due in connection with your purchase. Where permitted by applicable law, we may conduct authorization checks on your selected payment method before accepting or processing your order.

Third-Party Services

The Services may contain links to, integrations with, or functionality provided by third-party websites, platforms, payment service providers, financing providers, applications, software, or services (“Third-Party Services”).

Third-Party Services are provided by independent third parties and may be subject to their own terms, conditions, and privacy policies. MOVA does not own, operate, or control, and is not responsible for the availability, content, products, services, or practices of any Third-Party Services.

To the fullest extent permitted by applicable law, MOVA is not responsible for any loss, damage, liability, or claim arising from your use of, inability to use, or reliance on any Third-Party Services. Your use of any Third-Party Services is at your own risk, and MOVA makes no representations or warranties regarding any Third-Party Services. Any dealings or transactions between you and any Third-Party Service provider are solely between you and the applicable third party.

Export Compliance

You agree to comply with all applicable export control, economic sanctions, customs, and trade laws and regulations of Canada, the United States, and any other applicable jurisdiction. You may not use, export, re-export, transfer, sell, or otherwise make available any products, software, technology, or Services obtained through the Sites in violation of such laws or regulations.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL CONTENT, INFORMATION, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION MADE AVAILABLE THROUGH THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, MOVA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITES, SERVICES, AND CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.

MOVA DOES NOT WARRANT THAT THE SITES OR SERVICES WILL OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

NO INFORMATION OR MATERIAL MADE AVAILABLE THROUGH THE SITES SHALL CREATE ANY WARRANTY OR GUARANTEE UNLESS EXPRESSLY STATED BY MOVA IN WRITING.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY RIGHTS OR REMEDIES THAT CANNOT BE DISCLAIMED, EXCLUDED, OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITES, PRODUCTS, SERVICES, OR THESE TERMS, EVEN IF MOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOVA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITES, PRODUCTS, SERVICES, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MOVA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS AND EXCLUSIONS DO NOT LIMIT ANY REMEDIES EXPRESSLY PROVIDED UNDER AN APPLICABLE MOVA LIMITED WARRANTY.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MOVA, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your violation of applicable law; (d) your infringement or violation of any third-party rights, including intellectual property, privacy, publicity, or proprietary rights; or (e) your misuse of the products or Services, including any use contrary to these Terms, applicable law, or instructions provided by MOVA.

Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute arising out of or relating to the Services, any products, and your use of the Sites shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of laws principles. However, if the applicable laws of your province or territory of residence require otherwise, the laws of such province or territory shall apply.

The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Exclusive Jurisdiction and Venue

Subject to applicable law, the exclusive jurisdiction for any legal action or proceeding arising out of or relating to these Terms, the Services, any products, or your use of the Sites shall be the courts of the Province of Ontario, unless the applicable laws of your province or territory of residence require otherwise. You and MOVA submit to the jurisdiction of such courts to the fullest extent permitted by applicable law.

General Terms

These Terms, together with the Privacy Policy, any applicable Additional Terms, and any applicable policies, rules, or guidelines made available through the Sites, as amended from time to time, constitute the entire agreement between you and MOVA regarding your access to and use of the Sites and Services.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

If MOVA does not exercise or enforce any right or provision of these Terms, that does not waive such right or provision or affect MOVA’s ability to exercise or enforce it later.

You may not assign or transfer these Terms without MOVA’s prior written consent. MOVA may assign or transfer its rights or obligations under these Terms, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

MOVA may provide notices to you by posting on the Sites, by email, through your account, or by any other reasonable means. You agree that such notices satisfy any legal requirement that communications be provided in writing. You are responsible for maintaining accurate and current contact information associated with your account.

MOVA is not responsible for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, supply shortages, transportation interruptions, governmental actions, internet outages, cyberattacks, or failures of third-party service providers.

The provisions of these Terms that by their nature should survive termination will survive termination, including provisions relating to intellectual property, User Content, disclaimers, limitations of liability, indemnification, and dispute resolution.