App-Terms | Mobli

Mobli Holding Limited Terms of Service
Updated: October 2022

Welcome!

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Mobli App Limited. So please read them carefully.

In order to use Mobli App Limited (“Mobli”) or any of our other products or services (including websites, mobile applications, platforms and APIs made available) that link to these Terms (we refer to these simply as the “Services”), you must have accepted our Terms and Privacy Policy, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the Terms or the Privacy Policy. Of course, if you don’t accept them, then don’t use the Services.

ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE TERMS.

1. Who can use the Services
No-one under 16 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:

you can form a binding contract with Mobli App Limited;
you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations;
You will not use this platform to distribute content for any sort of political messaging or hate crimes.

If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.

1. Rights we grant you
The Platform and App is licensed, not sold, to you for use only under the terms of this license. Mobli reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Mobli hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Platform and App on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. Mobli may revoke this license at any time, in its sole discretion. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Mobli that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

Rights you grant us
Many of our Services let you receive personalised content and generate data based on your use of our Services. When you do that, you retain whatever ownership rights in that data you had to begin with. But you grant us a licence to use that data. How broad that licence is depends on which Services you use and the settings you have selected.
For all data you generate to the Services, you grant Mobli App Limited and their affiliates a worldwide, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content for as long as you use the Services. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones.
From time to time, you may be rewarded for sharing your data with Mobli. This will be communicated with you and at the discretion of Mobli.
We reserve the right to delete any content (i) which we think violates these Terms or our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you alone remain responsible for the content you create, upload or store through the Services.
The Services may contain advertisements. In consideration for Mobli letting you access and use the Services, you agree that we, our affiliates and our third-party partners may place advertising on the Services, including personalised advertising based upon the information you provide us or we collect or obtain about you.
If you do not wish to provide personal information about yourself or share your data, you can turn off the specific features within the application. Alternatively, you can simply delete your account.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.

Accounts and Registration
To access the features of Mobli, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password or another form of secure login. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Support centre (mobli.app@mobli.io). Mobli will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Mobli or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorised use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Please see our Privacy Policy for information on how we manage your personal data.

Privacy and Security
We have dedicated privacy and security teams to keep your personal and sensitive information safe. We have implemented physical and IT security and privacy measures and processes to minimise the risk of unauthorised use or disclosure of information and protect your payment and credit card details by encrypting them when they are transmitted or stored.
Our employees also receive privacy training and we have built a culture of care around handling personal information.
As part of protecting your information, we take care of:

Encrypt information when it is transmitted
Require third parties to agree to our Code of Conduct, undergo a due diligence process, comply with our applicable data protection laws, be subject to privacy impact assessments as per industry standards and expectations, comply with our internal information security requirements, and include relevant contractual clauses and addendums to maintain our privacy and data protection standards
Require our employees, service providers and third parties to only have access to the minimum information required to effectively perform their duties and responsibility
Train our employees how to recognise and handle personal information, and how to identify and respond to potential privacy incidents swiftly and effectively

Please contact us if you would like more information using our online form.

Security
Payments made by means of the online service payment process is through a secure channel. However, you acknowledge and agree that internet transmissions are never entirely secure or private and that any message or information you provide through the channel (including credit card information) may be read or intercepted by others. Mobli will not have any liability for the interception, 'hacking' or other unauthorised access of information through the website by unauthorised third parties.

Verification of information
It is your responsibility to ensure that the transaction, credit card information, and all other details you provide in relation to your payments made through the online service payment process are correct. Mobli will not have any liability for transactions which are incorrect as a result of inaccurate data or information provided by you.

Your responsibilities regarding the use of the online service payment process
You agree to use the online service payment process only for making payments to Mobli. You agree not to use the online service payment process for any improper, injurious, offensive or unlawful purposes.

You agree not to damage or disrupt the online service payment process. You are responsible for making your own assessment of the suitability of the online service payment process for achieving your purposes.

Mobli's responsibilities regarding the use of the online service payment process
Our limitation of liability set out in this paragraph does not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Subject to that statement, if we are liable to you in relation to this online service payment process, the maximum amount we will pay as compensation for your loss in connection with any other use of the online service payment process specifically with Mobli is up to $100NZD.
Any dispute you have with a third party operating through the Mobli platform is between you and the third party e.g. with a merchant you have bought a service from through Mobli.
Mobli reserves the right to alter, suspend or terminate the online service payment process
temporarily or permanently at any time.

Indemnity
You agree to indemnify Mobli in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by Mobli as a result of:

A breach by you of any of your obligations under any terms and conditions which you have accepted into in relation to the online service payment process;

Your intentional misuse of the online service payment process or the platforms;Disputes and Refunds
If you wish to make a claim for missing earnings, submit your claim to Mobli within 1 month from the date earned.
If you wish to dispute a payment charge, submit your dispute to Mobli within 1 month of the date of payment. We will investigate and work with you to resolve.

Any dispute you have with an offer, good or service provided by a third party merchant or provider needs to be taken up directly with that third party. Mobli will not be responsible for any issues you have with a third party merchant or provider in the provision of their goods or services.

Tax
Mobli makes no representation about your tax liability as a result of your participation in the Mobli Programme, including your use or redemption of any Reward and use of Mobli Partner Benefits and Deals.

You are responsible for any taxes and fees levied or required to be paid by any law or government taxing authority in connection with your Mobli Membership, including your redemption of Mobli Deals or Rewards.

We will not issue you with a tax invoice in respect of any earning or transfer or your use and redemption of Rewards or Mobli Deals.

Payment Authorization
You authorize Mobli to charge all sums for orders that you make to the payment method designated in your account. When you place an order through Mobli, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, your payment will be captured up to 24 hours after your order is completed or canceled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or canceled; depending on your bank, it may take up to 5 business days to receive access to these released funds.
Mobli also places an initial temporary pre-authorization hold on each new payment method you add to your account.
Mobli reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

Delinquent Accounts
If payment due on your account is delinquent, we reserve the right to suspend or terminate your access; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to help prevent any interruption. If you would like to use a different payment method or remove a saved payment method from your account, please visit your account settings to update your billing information.

Cancelled Orders
If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation.

Intellectual property
Your use of our platforms must not infringe the intellectual property rights of any person.
All copyright and other intellectual property rights in our platforms and all associated content is owned by Mobli and/or our licensors.
Subject to any additional terms and conditions for particular services, you may use information available on our through our platforms in accordance with our Copyright Statement detailed below.

Respecting copyright
Information on this website is owned or otherwise provided by Mobli. All material on this website, including, without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this website (collectively, 'content'), is subject to copyright and other proprietary rights, including but not limited to the Copyright Act 1994 (New Zealand) and international copyrights, trademarks or other intellectual property rights and laws.

Unless otherwise stated, copyright in the content and behaviours of this website is owned by or licensed to Mobli. Mobli authorises you to access and view content on this website or mobile applications.

Trademarks, logos and service marks (collectively, 'marks') displayed on this website are registered or unregistered Marks of Mobli or others, are the property of their respective owners, and may not be used without prior written permission of the owner of such marks.

Mobli honours copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Mobli becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control. Or you may file a notice with our designated agent:

Mobli App Limited.
Attn: Copyright Agent
Level 2
187 Queen Street
Auckland 1010
New Zealand
email: mobli.app@mobli.io

Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored.

If you file a notice with our Copyright Agent, it must:

contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;Use of Mobli Applications and Platforms
You must provide your own internet access and device in order to download, install and/or use the mobile applications and platforms. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the mobile applications and platforms (including any global roaming charges where you use an app overseas) and you acknowledge and agree that Mobli has no responsibility or liability for those charges.
When using a platform, you may be asked to grant the platform certain permissions and access. If you do not grant these permissions and access, you may be unable to use the platform or some of its features.
Access to and use of our mobile applications and platforms is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons.
You may only access and use our platforms to view the availability of our goods and services for your personal and domestic purposes and to transact lawful and authorised business with us and for no other purpose. You agree you must not use a platform (or attempt to use it) in the following manner:
For any unlawful or dishonest activity;
- To access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;
- To obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
- To transmit, publish or communicate bulk and/or unsolicited messages; or
- In any way that may cause Mobli, its suppliers or other users of the app to incur liability to a third party.
  Any use of a Mobli mobile app is subject to any limitations or restrictions on the permitted use of the mobile app contained in the online store terms where you downloaded the app.
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Your negligent acts or omissions; and
Any claim, suit or action brought against Mobli by a third party for any of the matters above.

Areas of liability
If the Consumer Guarantees Act 1993 applies to these Terms of Use, nothing in these Terms of Use limits your rights under that Act. If you acquire any goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.
The information provided on our platforms are for general guidance only. Users of the information contained on our platforms must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions.
Accessing our platforms, using our transaction processing services, and the downloading of any material is done entirely at the user's own risk. The availability of information on our platforms does not constitute a recommendation by Mobli or any other person. If you enter into any transaction subsequent to accessing a platform, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of Mobli.
To the fullest extent permitted by law:

All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of a platform or the content on, or accessed through it; and
Mobli will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of a platform or the content on, or accessed through a platform.

Safety
We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users’ information.

Your account
You are responsible for any activity that occurs in your Mobli account, so it’s important that you keep your account secure. By using the Services, you agree that, in addition to exercising common sense:

You will not create more than 1 account for yourself.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent or lease access to your Mobli account without our written permission.
You will not share your account.
You will not log in or attempt to access the Services through unauthorised third-party applications or clients.

You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains pornography, graphic violence, threats, hate speech, political messages or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access.
You will not probe, scan or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Mobli and drive. And never put yourself or others in harm’s way just to use Mobli.

The exclusions and limits set out in these terms of use will also operate for the benefit of Mobli’s relevant suppliers, licensors and agents which Mobli use to provide its platforms.
Although we have endeavoured to ensure the content on its platforms is current, accurate and complete, we do not warrant that such content will be current, accurate or complete when you access it. We will take action to correct any error or inaccuracy which is brought to our attention.

If you think that someone has gained access to your account, please contact Mobli Support at mobli.app@mobli.io immediately.

Third party websites and advertising
Our platforms may contain content provided by third parties or links to third party websites not owned by Mobli and/or advertising not related to Mobli. If you view this content or visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. Those websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by Mobli and such links are provided for your convenience only, and do not imply that Mobli checks, endorses, approves, investigates or agrees with third party content or websites this website links to. To the fullest extent permitted by law, Mobli disclaims any and all liability in respect of use of any third party content or websites this website links to, unless this is specifically stated on this website.

Data charges and mobile phones
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a Mobli account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

Poll disclaimer
In the event that we conduct online polls, we do not claim the online poll results will be accurate. Any poll results will only reflect the opinions of those platform users who have chosen to participate.

Customer Privacy Policy
Our Customer Privacy Policy governs our use of any personal information you provide during your use of our platforms.

Under 16
If you are under the age of 16, you must only use our platforms with the consent of your parent or guardian. You may not use charged services if you are under the age of 16.

Compliance with law
You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through our platforms.

Jurisdiction and governing law
Our platforms have been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with this website or any Mobli mobile application will be exclusively governed by New Zealand Laws and will be dealt with by New Zealand Courts.

Termination
If you no longer wish to use Mobli’s Services, you simply need to delete your account. Upon deletion, all personal information held by Mobli (unless legally obligated to keep e.g. payment records) will be deleted and no longer held on our servers. While you use our services, we develop anonymous and unattributable personas from your data. We will retain this persona information to inform our future product and service development. There is no way we can attribute this data to you as an individual.

You may terminate your use of any of the charged services, or access to any part of the platforms for which registration is required (including the online service payment process), at any time by requesting that Mobli delete details for the relevant service or part of this website.

We may restrict or block your access to and use of:

our platforms at any time if we reasonably believe that you may have breached any provision in these terms of use; and
a service available on our platforms if we reasonably believe that you may have breached any provision in the additional terms and conditions for that service.

Any termination of your right to use any of the platforms, will not affect any rights or obligations which have accrued by either you or Mobli prior to termination.

You may terminate your use of any downloaded mobile app by deleting your account through the app at any time.

Dispute resolution and arbitration
If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.

Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Services on behalf of a business (rather than for your personal use), you and Mobli App Limited agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in Auckland, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.

Amendments
Mobli may at any time and without notice, remove, amend and/or vary any of the content which appears on a platform, or cease operating the platform and any related services in whole or in part.
We may also amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use the platform after any such amendment, you are deemed to have agreed to that amendment.

Contacting us
If you have any questions or concerns in relation to a platform or these terms of use, please contact us at mobli.app@mobli.io

These terms of use were last updated in October 2022.

Definitions
In these terms of use, unless the context otherwise requires:

Mobli means Mobli App Limited and 'we', 'our' and 'us' have corresponding meanings.
Charged services means services available online through our platforms for which a fee is payable to Mobli App Limited.
Fee means any fee payable for the charged services as specified in the app or on the website in relation to the fee requested.
Mobile application, mobile app or app means any software application developed for use on wireless computing devices and owned and operated by Mobli, including any updates to it which are made available by Mobli from time to time.
Online service payment process means the process by payments to Mobli App Limited may be made through our platforms.
Online service payment terms mean the sections of these terms governing your use of the online service payment process.
Online store terms mean the terms applying to the external website or online store from which you downloaded a mobile application, as may be updated from time to time.
Username means a form of identification a user of this website, app or platform uses, to gain access to charged services and any other parts of this website for which registration of the user is required.
Website means the www.mobli.io website and includes each of its subdomains or any website operated by Mobli.
Terms of use mean all of these terms of use and any changes made to them from time to time.
You means the person accessing or using the platform or service, and your has a corresponding meaning.
Content provider means any third party provider who provides content into the Mobli app, for example, advertisements, deals, trailers, games, surveys.

Additional terms for particular services offered
You may be required to agree to additional terms and conditions for particular services which we may make available to you from time to time through our platforms prior to being able to use those particular services. Any such additional terms and conditions are to be read in conjunction with these terms of use.
To the extent of any inconsistency between these terms of use and any additional terms and conditions for particular services, the additional terms and conditions will prevail in relation to the particular services.

From time to time, services may be changed, or your access rights, or the terms and conditions which you have entered into in relation to any particular service, or the online service payment terms, may be changed by Mobli. When this has occurred you may be asked to accept updated terms and conditions on your next use of that service or the online service payment process. If you do not accept any updated terms and conditions, you will not be able to access the particular service or use the online service payment process.