Terms of Services
These terms and conditions (collectively the "Terms") govern your access to and use of website, mobile applications, including, without limitation, MobilFree apps and any website or communication device that references or contains MobilFree content and/or links to or references these Terms ("Platform"). By accessing or using the Platform, you are agreeing to these Terms, and accepting a legally-binding agreement with Mobil Free . (“MobilFree”). Do not access, use or buy service from the Platform if you do not agree to be bound by the Terms as outlined below.
1. Definitions:
(a) Parties to Terms of Services
' 'You" and "your" refer to you as a user of the Platform. A ' 'user" is someone who accesses, browses, or in anyway uses the Platform and buys service from service providers reunited under the Platform. "We," ' 'us," and ' 'our" refer to MobilFree which reunites various service providers and you.
(b) Platform Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "User Content" means Content that you and other users submit or transmit to, through, or in connection with, the Platform, such as rankings, reviews, compliments, invitations, friend/follower connections, messages, and information publicly displayed or displayed in Platform account profiles, or anywhere on the Platform. "Platform Content" means Content that we create and make available in connection with the Platform. "Third Party Content" means Content that originates from parties other than the MobilFree, or its users, which Content is made available in connection with the Platform. "Platform Content" means all of the Content which is made available through the Platform, including, without limitation, Platform Content, Third Party Content, and MobilFree Content.
(c) "Services"
Services hereunder shall include, without limitation, (i) all services provided from service providers for you, and (ii) all services that connect MobilFree to any third party. Such Services shall include, without limitation, a user's ability to purchase tours and/our activities and/or services through MobilFree apps, discover and book transportation and/or any services through MobilFree apps, access and use content from MobilFree blog partners and other content partners.
Changes to the Terms of Service:
We may modify the Terms from time to time. The most current version of these Terms will be located. You acknowledge and accept that your access to, or use of, the Platform is governed by the Terms effective at the time of your access to, or use of, the Platform. If we make any material changes to these Terms, we will notify you by email or by posting a notice on the Platform prior to the effective date of such changes. We will also indicate at the top of this page the most current date of the Terms/revisions. You should also review the Terms on a regular basis, since any and all revised versions of the Terms will be binding on you whenever you use the Platform. Any such revisions to the Terms will be effective upon our posting of such revised Terms. You acknowledge and accept that your continued access to, or use of, the Plafotm after the effective date of such revisions to the Terms is deemed to be your acceptance of the Terms as revised.
Translation:
We may translate these Terms into other languages. Nevertheless, the English version of these Terms shall govern your use of Platform, and if there any inconsistencies between the English version and any other version, then the English version shall be deemed to govern.
Using the Platform:
(a) Eligibility
To access or use the Platform, you must be thirteen (13) years or older and have the requisite right, power and authority to enter into these Terms.
(b) Permission to Use the Platform
We grant you permission to use the Platform subject to the restrictions in these Terms. You use the Platform at your own risk, which includes, without limitation, accepting the risk that you may see Content that to you is offensive, inaccurate, or otherwise inappropriate.
(c) Platform Availability
The Platform may be modified (which includes, without limitation, updating), suspended for any reason, or discontinued for any reason at any time, without notice or liability.
(d) User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered by service providers on the Platform. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all actions that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason in our sole discretion.
You acknowledged that your account is for your personal, non-commercial use only, and, in that regard, it is essential that you provide complete and accurate information about yourself to support your credibility as a contributor to the Platform. You may not (i) impersonate someone else (e.g., adopt the identity of any third party, including, without limitation, a well-known individual), (ii) create or use an account for any third party, (iii) give us an email address other than your own, or (iv) create multiple accounts. If you violate any of these rules, we reserve the right to close your account immediately.
Notwithstanding that you may use a pseudonym, others may still be able to identify you, if, for example, you (i) include information in your reviews that identifies you, (ii) use your MobilFree account information on other web sites, or (iii) allow other web sites to share information about you with MobilFree. Please read our Personal Data Policy below for more information attached hereto as part of these Terms.
Communications from MobilFree and Call Center Customer Representatives of MobilFree
By creating an account, you agree to receive certain communications in connection with the Platform. As an example, you might receive compliments or messages regarding services from other call center customer representatives. You can always request to be deleted from non-essential communications by emailing info@MobilFree.com
Use of Application, Purchase Methods, Fees, Payment
You will be able to buy services from the Application with following purchase methods. Purchase methods, Fees and Payment Rules shall be as follows:
You may purchase services offered by service providers ("Service Providers”) from the Platform through four different sales methods.
A. Sales will be made from the Platform (Payments will be made before the Service Provided to You):
In this method, You and Call Center Customer Representative may agree on services to be provided to You and service fee to be paid to Platform or You may directly conduct with the purchase process by selecting services through the Platform to your shopping cart.
Payment link will be send to You by Call Center Customer Representative following to purchase order has been given to Call Center Representative or has been made through the Platform.
Following to payment has been made by You an Order ID will be identified for your purchased order.
Platform will send information/details regarding your order to the Service Provider.
Information with respect to service will be send to You and service details and rules will be included under information regarding services, order detail or relevant service agreement of service provider.
Service will be provided to You on the date has been determined under your order.
B. Sales will be made from the Platform (Payments will be made after the Service Provided to You):
In this method, You and Call Center Customer Representative may agree on services to be provided to You and service fee to be paid to Platform or You may directly conduct with the purchase process by selecting services through the Platform to your shopping cart.
Order ID will be identified for your purchased order.
Platform will send information/details regarding your order to the Service Provider.
Information with respect to service will be send to You by Service Provider or message or e-mail will be sent to you by the MobilFree or these details will be included under order details.
Service will be provided to You on the date has been determined under your order.
Payment will be made by You directly to the Service Provider.
C. Consulting Services to be Provided through the Platform
In this method, we provide You only consultancy services with respect to services will be ordered by You. In case the services and/or products are not eligible to order from the Platform we may direct you to other channels.
D. Sales will be made out of the Platform (Payments will be made before the Service Provided to You):
In this method, we provide you services to be provided from other sales channels.
Service and/or product fee will be send to you following to our research made by our Call Center Customer Representative.
Payment link will be send to You by our Call Center Customer Representative following to fee and other details with respect to service and/or product to be provide from other sales channels has been confirmed by You.
Following to payment has been made by You Order ID will be identified for your purchased order. Service Rules: Special terms and conditions including cancellation, retrocession etc. regarding sales of certain services and/or products will be included to order has been purchased.
In these four methods (A to D) (i) Platform or MobilFree on behalf of the Platform, may sent you a link for the payment and you may make the relevant payment in accordance with instructions given under link by issuing your card details or (ii) you may manage your reservation by entering your personal data and issuing your card details following to your choice relating to goods/services. In this method you may register and record your card details into the Platform for your next reservations.
Fees.
A User shall pay all applicable fees, as described above. Fees shall be paid to Service Providers or the Platform. The Platform reserves the right to change its price list and to institute new charges at any time, upon notice to the Users, which may be sent by email or posted on the Platform. A User's use of the Services following such notification constitutes such User's acceptance of any new or increased charges.
5. Content:
(a) Ownership
We solely own the MobilFree Content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content, User Rankings, and other Platform Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Platform and/or for third party use on other websites, mobile devices, and/or on any and all known or hereafter created communication devises of any kind or nature.
We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the MobilFree and the Platform ("IP Rights"). These IP Rights are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create, derivative works or adaptations of, publicly display or in any way exploit any of the Tripbakcup and Platform Content in whole or in part, including, without limitation, the IP Rights, except as expressly authorized by us in writing. Furthermore, except as expressly provided herein, we do not grant you any express or implied rights whatsoever in or to the Tripbakcup and Platform Content and/or the IP Rights, and all such rights are retained by us in their entirety.
(b) Other Procedures/Confidentiality/User Content and Your Content
User Content (including User Content created by users who may be hired by MobilFree) does not reflect the MobilFree’s opinion, nor may it be used for endorsement of any Third-Party opinions, causes, ideas, websites, products or services. We reserve the right to screen, edit, remove, or reinstate User Content from time to time in our sole discretion for any reason, or no reason, and without notice to you. We have the right to, and shall, remove a review if we decide, in our sole discretion, that particular User Content. We do not guarantee any confidentiality with respect to any Content.
6. Restrictions
We shall enforce these Terms in our sole discretion, as no inaction on any breach, or alleged breach, of any Term hereunder shall be deemed a waiver of any such Term, or of our right to enforce our Terms. We reserve the right to take any action in our sole discretion. The following restrictions apply to use of the Platform:
You agree not to do, nor will you assist, encourage, or enable others to use the Platform to do, the following:
Violate any of these Terms;
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate these Terms;
7. Guidelines and Policies
(a) Personal Data Policy
You represent that you have read and understood our Personal Data Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms or provide service ordered by you; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our Users, affiliates, or the public. If you use the Platform, you consent to having your personal data transferred to and processed in the countries other than yours.
8. Suggestions and Improvements
By sending an e-mail to HYPERLINK "mailto:info@MobilFree.com" info@mobilfree.com for any ideas or suggestions ("Feedback"), you agree that (i) your Feedback does not contain any third party confidential or proprietary information , (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have certain Platform improvements and/or projects similar to the Feedback already under consideration or in development, and therefore any such similarity is purely coincidental, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify„ publish, distribute and sublicense the Feedback, and/or any create and so use derivative works derived therefrom, and you irrevocably waive, and cause to be waived, against MobilFree and its Users any claims and assertions of any infringement upon, or violation of, any rights of privacy, or of any proprietary or moral, or analogous, rights contained in such Feedback.
9. Third Parties
The Platform may include links to other websites or applications (each, a "Third Party Site"). We do not control, endorse or support in any way any Third-Party Site. You agree that we are not responsible for the availability or contents of such Third-Party Sites. Your use of Third Party Sites is in your sole discretion and at your own risk.
Some of the services made available through the Platform may be subject to additional third party or open source licensing terms and disclosures.
10 Indemnity
You agree to indemnify, defend, and hold MobilFree its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "MobilFree Entities") harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable outside attorneys' fees and expenses) incurred by MobilFree Entities arising out of or relating to (i) your access to or use of the Platform, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Platform, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MobilFree reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MobilFree and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of MobilFree. MobilFree will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. In addition, you acknowledge that MobilFree is neither responsible for, guaranteeing the accuracy of user-generated Content
11. Choice of Law and Venue
English law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and MobilFree (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE LONDON.
12. Termination
You may terminate your use of the Platform at any time by closing your account, discontinuing your use of the Platform, and providing Platform with a notice of termination.
We may close your account, suspend your ability to use certain portions of the MobilFree, and/or ban you altogether from the Platform for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Platform or any other related information.
In the event of any such termination, whether by you or us, Sections 1, 5, 6, 9 — 12 will continue in full force and effect, including our right to use our content as detailed in Section 5.
13. General Terms
We reserve the right to modify, update, or discontinue the Platform at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with advertisements, notices, including those regarding changes to the Terms by email, regular mail or communications through the Platform.
Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Platform, and supersede any prior oral or written agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on MobilFreets part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any other rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with MobilFree's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void ab initio.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
PERSONAL DATA POLICY - SEE ADDENDUM ATTACHED
PERSONAL DATA POLICY
We would like to inform you on your personal data.
As the data controller, MobilFree (“Company”) processes your personal data by collecting them at the time of registry to the application as they are directly related to the validity and performance of your membership agreement.
Purpose of processing your personal data:
To verify your identity,
To provide service ordered by you and to provide customer support and solve problems,
To inform you about the service updates and errors,
To inform you about the special offers regarding the application,
Your personal data are stored in our safe servers. Our company, except for the stated exception, does not share your personal data with third parties without your clear consent unless it is not legally required or obliged to.
Your rights regarding the protection of your personal data are listed below:
To learn whether your personal data is processed or not,
If processed, to inquire information about such,
To find out for which purpose your personal data is processed and whether it is used for such purposes,
To know the third parties in and outside of England that your personal data is shared with,
To request correction of your personal data in case it is processed incompletely or incorrectly,
To request deletion or removal of your personal data,
To request notification to third parties, that your personal data is shared with, of your requests for correction, deletion and removal, or to object to an adverse outcome upon analyzing your processed personal data exclusively via automatic systems,
To claim for the loss, you incurred due to the illegal processing of your personal data.
You may send your requests regarding the protection of your personal data to the following address: info@MobilFree.com . Your requests will be assessed carefully and you will be contacted at the earliest convenience.
