Introduction
1. By signing up for any of the services (Services) offered by MOBI HQ Limited (MOBI) you are agreeing to be bound by the terms and conditions set out below (Terms of Service). Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by going to the MOBI website. MOBI reserves the right to update and change the Terms of Service by posting updates and changes to the MOBI website at any time. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and by continuing to use the Services you will at all times be deemed to be bound by the most current Terms of Service.
2. The entity or person that you register as the Store Owner is referred to as “you” or “your” for the purposes of these Terms of Service, and you are the counterparty to this agreement with MOBIHQ.
3. Please read the Terms of Service as they detail your legal rights and obligations.
4. Unfair Contract Terms: The parties acknowledge that laws in various jurisdictions governing the imposition of unfair contract terms may apply to these Terms of Service. If any term is found to be unfair under those laws in the applicable jurisdiction that term will be void and unenforceable. The rest of the Terms of Service will continue to be binding.
5. Nothing in these Terms of Service excludes or limits any remedy available to you under the laws governing unfair contract terms in an applicable jurisdiction, except to the extent permitted by those laws.
6. Your rights under the applicable laws governing unfair contract terms in any jurisdiction cannot be waived, except with your express written consent.
Agreement
7. By registering a Store with MOBI, and utilising the Services, you are agreeing to be bound by these Terms of Service and agreeing to pay the price of the Services (“Charges”).
Amendment
8. MOBI can amend these Terms of Service (in whole or in part) at any time. Amendments will be effective immediately upon posting on the MOBI website or at a later date if specified. You are responsible for ensuring that you are familiar with the latest Terms of Service at all times. Your continued use of the Services and MOBI Platform represents your agreement to be bound by the Terms of Service as amended from time to time.
General
9. You warrant that all information provided by you at any time is true and accurate in all respects.
10. You must not use the Services for any illegal purpose and you are responsible at all times for ensuring compliance with the laws of the jurisdiction within which your Store operates.
11. You agree to indemnify MOBI, its related companies, and the directors, officers, agents and employees of the same for all losses, costs, liabilities and damages (including all legal fees and expenses on a full indemnity basis) suffered by MOBI or any such party as a consequence of any act or omission by you, any unauthorised access or use of the MOBI website or Services by you, any breach of these Terms of Service by you, or your violation of any law or the rights of any third party.
12. You are responsible for all content that you upload using the Services and for all activity associated with your MOBI account. MOBI shall have no liability whatsoever to any party in respect of any use by you of the Services.
13. MOBI reserves the right to refuse service to anyone, and to modify or terminate the Services, for any reason and at any time, without notice.
14. MOBI shall be entitled to terminate this agreement at any time, and without notice, in the event of any breach of these Terms of Service by you (as may be determined by MOBI in its sole discretion) or in the event that MOBI suspects that you have engaged in any fraudulent or illegal activity utilising, or in connection with, the Services or MOBI platform.
15. You agree not to involve, or attempt to involve, MOBI in any dispute or claim arising in respect of any transaction involving any of your employees, associates, customers or suppliers.
16. You understand that your content (other than credit card information which is always encrypted) may be transferred unencrypted, transmitted across various networks and changed to conform to the requirements of connecting networks or devices.
17. MOBI may, but has no obligation to, remove any content or account containing content that it considers in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or in violation of another party’s intellectual property or these Terms of Service.
18. Verbal or written abuse of any kind, to or in respect of any person or entity, will result in the immediate termination of your account.
MOBI Services
19. MOBI provides the Services and the MOBI Platform to facilitate online and mobile ordering and associated functionality. MOBI does not act as your agent and shall have no liability whatsoever to you or any other person in respect of orders or transactions implemented utilising the MOBI Platform and Services.
20. MOBI provides the Services on an as is, as available, basis and makes no representations, and gives no warranties, with respect to the continuity or availability of the Services. MOBI excludes all and any liability arising from the supply of, or failure, interruption or delay in the supply of, any of the Services; the appropriateness of the Services for any particular purpose; the incorrect, inaccurate or delayed transmission of any transaction; or your use of the Services. MOBI may at any time modify or withdraw, on a temporary or permanent basis, and wholly or in part, the MOBI website and/or any of the Services and shall have no liability to you or any other party with respect to, or arising out of, any such modification or withdrawal.
21. MOBI makes no representation or warranty that the Services will be uninterrupted or error-free, or that the Services are free of viruses. All implied conditions, guarantees and warranties are expressly excluded to the maximum extent permitted by law. MOBI shall not be liable for any loss or damage of any nature whatsoever (whether direct, indirect, special, consequential, exemplary or otherwise) arising out of, or in connection with, your use of, or inability to use, the Service or the performance, or lack of performance of the Services.
22. MOBI does not warrant or represent that the quality or nature of any products or services available to or obtained by you through MOBI will meet your requirements or specifications, or that any errors or bugs in such products or services will be corrected.
23. Technical support is only provided to paying account holders and is only available via email at support@mobihq.com.
24. MOBI may provide you with access to third party tools over which MOBI neither monitors nor has any control or input. You acknowledge and agree that MOBI provides access to such tools on an as is, where is, basis without any warranties, representations or conditions of any kind and without any endorsement by MOBI. MOBI shall have no liability whatsoever arising from or relating to your use of optional third party tools.
25. Any use by you of optional tools offered through the MOBI platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third party provider/s.
26. MOBI strongly recommends that you seek specialist advice before using or relying on such tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates that you should charge end users.
Intellectual property
27. MOBI owns all intellectual property rights and copyright in the MOBI Platform, website and Services (including with respect to functionality, content, text, graphics, logos and icons) and the software and other material underlying or forming part of the Platform, Services and/or website. You agree that you will not, in any manner or by any means, reverse engineer, resell, adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works from any part of the Platform, website or Services, or attempt to commercialise, copy or sell any information or matters derived from the Platform, website or Services.
28. MOBI does not claim any intellectual property rights over the material you upload or which is otherwise provided on your behalf, when utilising the Services. All such material remains yours. You grant MOBI a perpetual, non-exclusive and royalty free licence to access and use that material for the purpose of providing the Services, and for MOBI’s marketing purposes while you have a valid account with us, and you also agree that we may use that material on an aggregated and anonymised basis for other purposes during and after the term of your account (such as trend reporting and statistical analysis), provided that neither you, nor any of your customers are identified. By uploading images of and information describing your products you agree that other internet users can view the same and you agree that MOBI may store and display them and may at any time review all content submitted by you utilising the Services.
Charges
29. You acknowledge and accept that payments of Charges are processed by a third party payment gateway and you agree to be bound by any policies and terms applicable to that payment gateway.
30. A valid credit card is required for the payment of all Charges. Charges for Services will be charged to your credit card monthly in advance commencing on the date that each relevant Service is subscribed for by you.
31. MOBI may charge an additional Service Fee directly to your customer on an order (“Service Fee”) in addition to the Charges for Services which are payable by you. The Service Fee will be clearly identifiable before your customer's purchase and in each order confirmation as a MOBI fee for the use and maintenance of the MOBI Platform (and related purposes), and is not a Store charge.
32. Charges for using the Services (including the Service Fee to customers) are subject to change on 14 days’ notice. Such notice may be posted on the MOBI website. You are responsible for ensuring that you are familiar with the latest Charges at all times. Your continued use of the Services represents your agreement to be bound by the Charges for Services as amended from time to time. However you are not responsible for payment of the Service Fee to customers (referred to in clause 28 above), if it is applied, and that will be charged directly to your customer in the ordering process.
33. Charges are billed on a monthly basis in advance. You will be invoiced by email. As well, a copy of the invoice will appear on your account page on the MOBI Platform. Any disputes regarding an invoice must be raised within 10 days of the date of the invoice otherwise it will be deemed accepted by you in all respects.
34. All Charges, other than the Service Fee if applied, are exclusive of federal, provincial, state or other governmental sales, goods and services, harmonised or other taxes, fees or charges in force at any time (Taxes). You are liable for all Taxes applicable to the provision of the Services to you. If you are required by law to make any tax deduction, withholding or payment from any amount payable by you to MOBI, or MOBI is required by law to make any payment, on account of taxation (other than taxation on its overall net income) or any other matter, on or in relation to any amount received or receivable by it from you, the amount paid or payable to, or received or receivable by, MOBI shall be increased to the extent necessary to ensure that, after making the deduction, withholding or payment, MOBI receives and retains (free of any liability in respect of any such deduction, withholding or payment) a net amount equal to the amount that MOBI would have received and retained had no such deduction, withholding or payment been made.
35. Under no circumstances will you be entitled to a refund from MOBI.
Termination by you
36. You can terminate your account with MOBI at any time by emailing support@mobihq.com. Once your account is terminated all of your content may be deleted from the MOBI system. As deleted data cannot be retrieved, please be sure that you do wish to terminate your account before doing so.
