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mobo2go terms & conditions

Please read the following terms of this agreement carefully. By completing the sign up process, you accept and agree to all of the terms and conditions set forth in this Customer Purchase agreement. You hereby acknowledge that you are 18 years of age or older. This Agreement ("Agreement") is entered into by and between Mobo Innovations Ltd ("Company") and You ("Customer").

1. Internet Ordering Website:

Customer hereby agrees to appoint the Company for the creation of a Desktop and Mobile Ordering Website ("Website") hosted by the Company.

2. Setup:

The Company will setup a draft of the online & mobile ordering Website within 7 business days from date of the enrollment; Customer is responsible for providing Company all information needed for setup within 3 business days from date of enrollment. Initial setup includes but not limited to setting up Customer's location description, delivery zones, store hours, 250 menu items of choice, and methods of receiving online orders. Setup is limited to the input of only 250 menu items of choice, and Company reserves the right to issue a charge for additional menu items. Customer is responsible for the setup and fees involved with the hardware used to receive orders at the store. Customer must notify Company of any changes within 5 business days from the date of when Customer was first notified to review the Website. After launching the Website, Customer assumes all responsibilities to manage its Website. “Manage” is defined but not limited to maintaining menu items, pricing, photos, delivery zones, store hours, coupons, payment methods. Company can perform Website updates for the Customer at the rate of Menu Management Services of £50 per hour.

3. Content on the Website:

Customer shall be responsible for content and result of the content on Website. The content includes but is not limited to menu items, prices, photos, and any information included on the Website. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of Website. Company reserves the right to refuse to display information it believes to be illegal, false, derogatory or offensive. Customer represents that any elements of text, graphics, photos, designs, trademarks or other artwork forwarded to Company for inclusion in Website are owned by Customer, or that Customer has permission from the rightful owner to use, and will hold harmless, protect and defend Company from any claim or suit occurring from the use of such elements.

4. Credit Card Processing:

Customer is responsible for the setup and fees involved with processing Credit Card Transactions online. As standard the website uses the Realex Payments HPP payment gateway https://www.realexpayments.com/uk to handle credit card transactions and the customer will have to setup an account with Realex Payments. It is possible to integrate with other payment gateways but a development charge will be incurred - a quotation will be provided subject to interface requirements. The Customer will need to setup their own e-commerce Merchant Account that can be linked to the Realex payment gateway.

5. Website Ownership:

Company owns all of the intellectual property rights associated with the Mobo2go software. Furthermore, Company in no way, shape, or form is responsible for marketing Customer's Website.

6. Charges and Fees:

Company will start billing the monthly fee from the date the Customer signs up. Customer agrees to pay by direct debit and Company will collect the monthly fees around the 15th of each month, and including any extra services and applicable taxes, at the rates in effect when the fees are incurred. Company may change the fees then in effect, or add new fees, by giving Customers 60 days advance notice.

Company reserves the right to suspend or terminate Customer’s Website without notice if direct debit payments are cancelled or not received. Once service is suspended, Company does not guarantee the same Website url (i.e. http://chosenstorename.mobo2go.co.uk ) will be available if service is reactivated. In addition, if the monthly service fee is over 10 days past due, Company has the right to issue Customer a £50 fee for each billing cycle that each monthly fee remains past due.

7. Cancellation:

Customer may cancel use of Service only by submitting a cancellation request at www.mobo2gouk.com/cancel. The setup fee is non refundable. Upon receipt of Customer's cancellation, Company will promptly terminate Customer's access to the Website. Customer is still responsible for any charges already incurred up until cancellation, and there is no prorate for partial months. Company also reserves the right to terminate Customer's subscription and/or discontinue Services at any time for any reason. Company shall have no responsibility to notify any third party of any suspension, restriction or cancellation of Customer's Website. Company shall have no obligation to maintain any orders, reports, data, or other content in Customer's Website or forward any data to Customer or any third party.  

8. Fair Use Policy:

Company shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Website to Customers who are deemed by Company to be using the Website in a manner not reasonably intended by Company or in violation of law, including but not limited to suspending or terminating a Customer's license to use the Website.

9. Limitation of Liability:

Notwithstanding the foregoing, under no circumstance shall Company, its officers, directors, employees, contractors, sub-contractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to Customer or any third party for damages in excess of the amounts actually paid by Customer to Company. The price of the service shall be the rate in effect on the day Customer signed up for the service. The Company will not be liable in respect of any loss of profits, income or revenue. The Company will not be liable for any loss of or damage to goodwill or reputation

10. Customer is responsible for their use of the mobo2go service and you indemnify us.

Customer is responsible for all activity that results from use of the mobo2go services through their account. Customer is responsible for maintaining the security of their account and password. Company will not be liable for any loss or damage that may result from any failure to keep user names and passwords secure.

Customer indemnifies Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Company may incur or suffer as a result of use of the mobo2go services through their account or as a result of your failure to comply with these Terms.

11. Termination:

If Customer breach these Terms and Conditions of Use, Customer's right to Use the Website shall automatically terminate if Customer fails to cure the breach after seven (7) calendar days after notice from Company or any of the Company Affiliates, unless Customer's breach is due to violations in the sections of Lawful Use, No Transfers or Modifications by Customer, Indemnification, Trademarks, UK Government Restrictions, in which case termination will be without notice and without any right to cure.

12. Modification:

These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Company and Customer regarding the Website, and supersedes all prior agreements between Customer and Company regarding the subject matters hereof. Any modification or change in these Terms and Conditions of Use proposed or offered by Customer shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of Company.

13. Prohibited Content:

No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, escort services or other content deemed adult related.

14. Data:

Data is securely stored in a Microsoft Azure datacentre https://azure.microsoft.com/en-us/support/trust-center. Microsoft Azure utilizes commercially reasonable measures to prevent unauthorized or unlawful access to, acquisition of, use of, or disclosure of that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Microsoft Azure uses standard security protocols and mechanisms to facilitate the exchange and the transmission of sensitive data, such as credit card details.   

Company will have access to third party personal information provided by you as part of using the mobo2go service, such as members that have signed up to use the online ordering service. This information may include third party names, email addresses, phone numbers and physical addresses and will only be used for servicing your online ordering requirements.  Company does not share this third party personal information with anyone for promotional purposes, nor do we utilize it for any purposes not expressly consented to by you.

15. mobo2go services are provided "as is"

The mobo2go services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the mobo2go services.

We do not warrant that: (a) the mobo2go services will meet your specific requirements; (b) the mobo2go services will be uninterrupted, timely, secure, or error-free; (c) the mobo2go services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the mobo2go services will meet your expectations; or (e) any errors in the mobo2go services will be corrected.

You acknowledge that Company may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the mobo2go services. The acts and omissions of those third party suppliers may be outside of Companys control, and Company does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, Company excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

16. Miscellaneous:

Company, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (a) our email notification to you advising you of such changes or modifications (b) your continued use of the Services after Company posts the amended Agreement to www.mobo2gouk.com/mobo2go-terms.

17. Law:

The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.

Page updated 16th Apr 2017, 13:01

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