end user licence agreement
Last updated June 2023
Welcome to mimojo!
Who we are
We are Mojo Solutions FZ LLC, including our subsidiaries and affiliates, (“mimojo”, “we,” “us,” “our”) and we operate a digital cashback platform in the United Arab Emirates (“UAE”).
What we own
We own and operate a mobile application (“App”), a website (“Site”), web services, and platforms known as ‘mimojo, any other linked and related network, ecosystem, pages, content, features, products, and tools offered by us via any kind of digital platform on or through which you receive the mimojo service (collectively, the “Platform”).
How our platform works
The platform works as follows:
we allow various approved merchants (“Merchants”) to advertise and offer discounts on their goods and services (“Offer”) on our Platform (defined below);
by advertising an Offer on our Platform the participating Merchants are allowing you to take advantage of them;
you may avail any Offer from our Platform by physically purchasing the goods and services described in the Offer with the relevant Merchant in person or online through the internet where the Offer is for a Merchant that operates an online business;
you must make your purchases using the same card that you successfully registered and enrolled onto our Platform (each an “Eligible Transaction”) and then you may be entitled to receive a cashback reward (“Cashback”) for each Eligible Transaction;
we will gather certain transaction information and data (“Transaction Data”) from your payment card network provider to determine if you have successfully availed an Offer and are entitled to Cashback for each Eligible Transaction;
the Merchants shall then pay us a commission for each approved Eligible Transaction and it is from this commission that we then pay you your Cashback reward for shopping with the Merchants! We pay your Cashback rewards to you on a monthly basis (“Pay Day”).
What you should know about these terms
As a user of our Platform, you will be entitled to avail any Offers and obtain Cashback for any approved Eligible Transaction. However, to keep our Platform operating smoothly, we need to introduce certain terms and conditions, as set out here (“Terms”).
Please read these Terms carefully. By agreeing to these Terms, you will have concluded a legally binding contract with us.
In order to access or use the Platform, you must first agree to these Terms and our Privacy Policy. You can accept these Terms and our Privacy Policy by clicking accept or “I agree”, where it is made available to you by us.
Only use the Platform if you have read these Terms and our Privacy Policy and agree to them.
These “Terms” are:
intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Platform; and
effective for all existing and future users of our Platform.
If you do not agree or are unable to be bound by these Terms, we will be sorry to lose you, but you may not use the Platform.
Your eligibility to use the platform
You agree to use the Platform only in compliance with these Terms and any applicable law, and in a manner that does not violate our legal rights or those of any third parties.
By downloading, installing or using the Platform, you represent that you are of an appropriate legal age to enter into a legally binding agreement and accept these Terms and agree to be legally bound to them.
Your rights to use the platform
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence (i.e. a permission) to access and make personal and non-commercial use of the Platform, as provided by in accordance with these Terms.
The licence:
is only for you personally and for non-business or commercial use;
is provided to you entirely at your own risk; and
starts when you finish signing up for access to the Platform and ends as soon as you or we decide to close your Account.
We have the right to remove your access and use of the Platform at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
Downloading the App
Your use of our App under these Terms is also subject to any terms, rules or policies of any App Store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). You may download and install the App only through authorised App Store Providers. You must comply with the App Store Terms as well as these Terms but, if there is any conflict between them, you should follow the App Store Terms rather than the equivalent rule here.
You do not own the App or its contents but you may use the App on devices that you own or control, as permitted by the App Store Terms.
If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection and your device are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device, App Store failure or anything else that it would not be reasonable to expect us to control.
We may change the platform and these terms
As a business, we are constantly evolving in order to provide the best possible experience and information to users of the Platform.
We, therefore, need to reserve our rights to suspend, cancel, or discontinue your use or access to the Platform (including its products or services) at any time without notice, make modifications and alterations in any or all of the Platform’s contents, products and services without any prior notice to you. We also may vary, amend, change or update these Terms, from time to time entirely at our own discretion.
We will try to advise you of these changes. Your continued use of the Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to these Terms, as modified.
Signing up for an account
You must sign up for an account (“Account”) in order to access and use the Platform to avail an Offer and claim your Cashback. You may access some limited features of our Platform (“Guest Features”) without signing up for an Account.
In order for us to open your Account, you may be required to provide a range of information such as mobile number, email address, name, date of birth, and nationality (“Info”) which may vary from time to time. At all times you undertake to provide us with accurate, complete and updated Info and to let us know if any Info becomes inaccurate or out of date. If we are processing your personal information, we shall do so in accordance with our Privacy Policy.
You may need to verify your access to the Account through the use of an OTP which you will receive via SMS or email when you first set up the Account and if you log out of your Account at any time.
To complete your Account registration and be entitled to receive your Cashback, you must upload at least one credit or debit card to the Platform (“Registered Card”). The upload will be managed and processed by a PCI DSS (a set of security standards designed to ensure that all companies that accept, process, store or transmit card details maintain a secure environment) compliant third party, through a seperate page. We do not store or have access to your Registered Card.
You acknowledge and agree that in order to avail any Cashback, you will have to consent to, and authorise, us and your payment card network providers to:
to monitor your activity on your linked Registered Card to identify any Eligible Transactions with the participating Merchants; and
obtain, process, monitor, analyse, and share your Registered Card activity and any Transaction Data with us. You may withdraw your consent to the above activities at any time by contacting us, in which case we will cancel your Membership and Account, or by canceling your Membership and Account within the Platform.
You further acknowledge and agree that you may not be able to receive any Cashback where:
your purchases are routed by Merchants to unapproved third-party payment processors or that are otherwise not processed on approved payment card network providers' systems;
your payment card network providers have been unable to track your purchases for any reason (including but not limited to where a purchase has been made for a gift-card or certain PIN-based purchases); or
for any other reason at your payment card network provider’s discretion.
To the maximum extent permitted by applicable law, in no event shall we be responsible for, or have a duty to store, secure or protect your Registered Card details, review, verify or otherwise perform any investigation as to the completeness, accuracy or sufficiency of, any data or information provided by you in connection with these Terms. The use, storage, handling, and processing of your Registered Card by any third party and/or the Merchants are not governed by these Terms and will be governed by their respective terms and privacy policies. We recommend that you access and review any such terms and policies prior to providing your Registered Card details to such third parties.
You acknowledge and agree to provide us with all necessary information that is required to finalise your Account opening and that you may not have complete access to your Account and/or the Platform until we finalised the Account opening for you.
If we disable access to your Account, you may be prevented from accessing the Platform, your Account details or any files or other content, which is contained in your Account.
You must keep your account details secure
You must keep your Account and any Account details confidential and you are solely responsible for maintaining the confidentiality and security of your Account, all changes, information and updates submitted through your Account, and all activities that occur in connection with your Account.
In creating an Account, you represent to us that you will not allow any third party to use your Account for any purpose and you agree to notify us immediately of any unauthorised use of your Account in order to enable us to take necessary corrective action.
You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, create multiple Accounts.
Free trial and membership
We do not charge for your initial use of the Platform. Once you have registered an Account you may use the Platform for free for an initial trial period (“Free Trial”).
You may cancel the Free Trial at any time within the settings option on the App or the Platform itself. In such case, your right to access and use the Platform will expire at the end of the Free Trial period.
Our Free Trial is subject to the following conditions:
the Free Trial is provided to you once only and is limited to one registered Account and device only;
the Free Trial is for a limited period commencing from the moment you ‘claim’ the Free Trial by registering your Account with us and upload your Registered Card details and expires within the time frame as specified on the Platform;
as soon as the Free Trial period has ended, you will automatically migrate to our paid membership (“Membership”) and be required to pay a membership fee as stated in the App which is inclusive of all applicable taxes (“Membership Fee”). The Membership Fee will be automatically charged on a monthly basis from your Registered Card but you can deactivate at any time through the settings on the App or the Platform or by contacting us; and
if you do not continue to pay the Membership Fee for any reason then you may not receive any Cashback as your Account will be deemed to be inactive. To keep an active Membership, you must ensure that all Membership Fees are paid in full.
Cancelling or pausing your membership
You may at any time pause your Membership within the App or Platform or by contacting us. If you decide to pause your Membership then:
you will not be charged the Membership Fee;
you cannot avail the Offers and any purchases made with Merchants will not be eligible for Cashback during that period but you will still receive any Cashback you accrued prior to pausing your Membership; and
we will continue to receive your Transaction Data for any purchases made with participating Merchants during your suspension period. If you do not want us to continue to see your Transaction Data then you must cancel your Membership.
You may at any time request cancellation of your Membership within the App or Platform or by contacting us. If you decide to cancel your Membership then your Account will be cancelled and:
we will stop charging you any Membership Fees but you will not receive any refunds of any already paid Membership Fees;
you cannot avail the Offers and any purchases made with Merchants will not be eligible for Cashback;
we will not be able to disburse any Cashback that you might have earned before the upcoming Pay Day. If you decide you no longer wish to be enrolled in the Platform, we would recommend that you pause your Membership until you have received your Cashback and thereafter cancel your Membership; and
following cancellation of your Account, we will not receive your Transaction Data but we may retain historic information and/or data relating to your Account in accordance with applicable law.
Making use of an offer
To redeem an Offer is very simple and you do not need to have access to the App or Platform when you are with the Merchant:
You may wish to visit our Platform to browse all available Offers from each of the Merchants (but this is not a requirement);
Once you have decided on an Offer, you may either visit the Merchant in person to purchase the goods and/or services described in the Offer or you may purchase the goods and/or services online if the Offer is for an E-commerce Merchant but you must ensure that you pay for such goods and/or services using your Registered Card;
Congrats!! You do not need to do anything else:
No need to inform the Merchant or your server that you have the App before you ask for the bill.
No need to present your mobile device with the Offer to the server prior to the bill being presented.
Once you have purchased the goods and/or services through your Registered Card you will be entitled to Cashback via the Platform for all approved Eligible Transactions.
To make the process much smoother for us, it would be great if you could take a picture of your receipt and upload it to the Platform. You will be prompted to do so by the Platform anyway.
Additional terms and conditions when redeeming an offer
The parameters for each Offer (such as start/end dates, day of the week or time, the percentage discount etc) will be indicated on the Offer itself on the Platform. The Merchants may also apply exclusion or blackout days for using Offers.
While we do not currently have a fixed limit on the number of Offers you may avail through the Platform, we may set such fixed upper limits at any time.
Offers may change throughout your Membership. We reserve the right to remove and/or amend an Offer at any time and cannot be held responsible or liable in any way if an Offer is removed or amended.
Offers are exclusive and not valid in conjunction with any other offers, discounts, promotions, special offers or dining, loyalty or rewards programmes. This also means that Offers cannot be “clubbed” or “double dipped” during the same visit or transaction with a Merchant (for example, you cannot club an Offer with any other percentage discount(s) and/or any other package(s) offered by a Merchant including, but not limited to, ‘buy one get one free’, ‘happy hours’ or any other in-house promotions ).
Offers cannot be exchanged for cash or anything else.
You will be responsible to pay the Merchant all costs and charges payable for all the items for which you have placed an order for at the Merchant. We take no liability or responsibility for the payment of such costs and charges.
Refunds or failed purchases
If, for any reason, you are due a refund from a Merchant or an Eligible Transaction is not approved for any reason, then you will need to follow the Merchant’s processes and you will not be entitled to any Cashback.
Earning and receiving cashback
We shall pay your Cashback to you for all approved Eligible Transactions on a monthly basis (“Pay Day”) directly as a credit to your Registered Card.
Cashback shall always be paid out by us in the form of United Arab Emirates Dirhams (AED) only. You may receive the Cashback in your bank account in your local currency (although this is likely to be subject to additional fees and/or charges imposed by your bank or any other relevant third party during the currency conversion process. These fees are not within our control and are your sole responsibility. We shall not be responsible for any differences in Cashback amount received by you caused by any exchange rate variations).
Cashback shall only be paid on approved Eligible Transactions that fulfill the following criteria:
a genuine purchase is being made. Repeat purchases may not qualify for Cashback and you must purchase for genuine reasons. It is our decision whether a transaction is genuine;
a valid Account is in place at the time of the Eligible Transaction. If, for any reason, your Account is terminated, cancelled or disabled or your Membership is deemed inactive (see section 10.3 (d) above), then any Cashback payable will be deemed to be forfeited; and
Cashback may be declined if all or part of your purchase is for any reason returned, amended or cancelled.
While we will try to secure the payment of commission on an Eligible Transaction from the Merchants we do not and cannot make any guarantee in this regard. If we do not receive any expected commission for an Eligible Transaction, we will not be liable to pay the relevant Cashback to you.
We reserve the right to reclaim or adjust any Cashback payments where that Cashback has been paid to you in error for any reason.
Notwithstanding any other provision contained in these Terms, you agree and acknowledge that in all circumstances the payment of Cashback to you is at our discretion and we may refuse to pay Cashback to you for any reason.
It is your responsibility at all times to ensure correct payout details and the Registered Card are submitted and maintained. We shall not be responsible for any Cashback being sent to an incorrect destination where you have provided incorrect details or to an expired Registered Card.
We shall not be liable for any delays in making payment of the Cashback or you receiving the Cashback as a credit on your Registered Card or for any consequences of any delays which may occur.
We reserve the right to suspend Cashback payments at any time without notice to you if we reasonably suspect fraudulent activity has taken place.
Uploading any content to our platform
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Platform. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
All users of our Platform have the option to manage their preferences for non-essential communications from us. To do this, you must select your preferences within the ‘My Account’ section of the App or by contacting us.
Unauthorised use of our platform
You are not allowed to:
modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
deliberately attempt to avoid or manipulate any security features included in the App;
remove, obscure, or alter any notices or links on the Platform or any of the features or tools or other Platform.
decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Platform;
distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform; or
use the Platform in a manner or engage in any activity that in our sole discretion:
violates the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party;
violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
violates any law, statute, rule, ordinance or regulation;
is inconsistent with these Terms or our Privacy Policy; or
impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of us.
Any violation of the above may be grounds for termination of your right to access or use the Platform. We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorised use of the Platform.
Your acknowledgement and agreement is important
You acknowledge and agree:
not to make any representation or warranty on behalf of us in any form or manner whatsoever;
to be responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, trojan horses, and other harmful content and code;
that we are not a merchant, retailer, manufacturer, seller or distributor of any goods and/or services listed in any Offers on our Platform and the contract for sale and purchase of the goods and/or services listed in an Offer is between you and the Merchants;
we shall not be liable for any acts or omissions on part of the Merchants including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc; and
the Merchants shall be solely responsible for any warranty and/or guarantee of the good and/or services sold to you.
Our intellectual property is protected
All materials displayed or performed on the Platform, or which may be made available for you to download including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, and video (“Content”), are protected by copyright.
We (or our applicable third party licensors) are the sole and exclusive copyright owners of our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Content and the Platform, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
You agree and undertake at all times to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Platform, and shall not use, copy reproduce, modify translate, publish, transfer, broadcast, transmit, distribute, perform, upload, create derivative works based on, distribute, perform, display, license, sell or otherwise exploit for any purposes any of the Content, software, materials, or Platform in whole or in part.
You may not copy or store any Content unless you have our prior written permission. You shall not store any significant portion of any Content in any form.
You acknowledge that we do not endorse or guarantee any third-party content and you may not state or imply any such endorsement or guarantee.
The technology and the software underlying our Platform is our exclusive property and that of any licensors.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of Content will not infringe rights of third parties. You agree to immediately notify us upon becoming aware of any claim relating to our IP Rights, the Platform and/or Content infringing upon any third party rights, copyright trademark, or other applicable law.
Your right to use our intellectual property
You agree not to use modified versions of any software underlying our Platform, including without limitation, for the purpose of obtaining unauthorised access to our Platforms or applications.
To be clear, you may not resell or make any commercial use of the Platform or any Content, nor copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Platform.
All rights in the product names, mimojo brand names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs whether or not appearing with a trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under any patent or trademark of ours, its licensors, affiliates, or any third party.
Any violation by you of the provisions contained in this section may result in the immediate termination of your right to use the Platform, as well as potential liability for copyright and other infringement depending on the circumstances.
We may update our platform from time to time
We may update the Platform for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the Platform still meets the description of it that was provided to you at the time you registered an Account.
Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the App Store.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Platform may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep it updated to the latest version that we make available.
If reasonably requested by us from time to time (by means of a notice within the Platform, on our website, within the relevant application store or otherwise), you agree to install and use an updated or upgraded version of the App in place of your current version, or to uninstall the App if we cease to offer it and the Platform to the public. All upgrades will fall within the definition of "App" under these Terms.
Depending on the update or upgrade, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that the device you use to access the Platform will require certain software in order for the Platform to work correctly and it is your responsibility to ensure that you have the required up-to-date software.
Our disclaimers
YOU ACKNOWLEDGE THAT THE APP, SITE, PLATFORM (AND ANY CONTENT AND ANY RLEATED WEBPLATFORMS, APPLICATIONS AND ANY SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF THE PLATFORM OR THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, FREE FROM UNAUTHORISED ACCESS (INCLUDING THIRD PARTY HACKERS) OR ERROR FREE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PLATFORM HAS NOT BEEN SPECIFICALLY DESIGNED FOR YOU AND/OR TO MEET YOUR SPECIFIC REQUIREMENTS.
The Content on the Platform is for informational purposes only. We do not make any warranties about the validity, authenticity, reliability and accuracy of any certification or any information displayed on the Platform. We disclaim any liability for any outdated information and reserve the right to make changes and corrections to any part of the Content at any time without prior notice.
We do not guarantee the quality of the goods, the prices listed, or the availability of items at any Merchant.
Any reliance by you upon the information on the Platform shall be strictly at your own risk and we in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy or non-compliance of any applicable local laws or regulations by the Merchant.
You acknowledge and agree that we are under no obligation to ensure that the Platform meets your individual requirements.
Do not rely on the information presented to you on our platform
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Platform. We have no special relationship with or fiduciary duty to you.
The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from our licensors or other third parties, and all Platform are provided for informational purposes only and are not intended to be a substitute for any type of professional advice including legal advice, financial advice, medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice).
Other key terms that may apply to you
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
For information regarding our treatment of personal information, please review our Privacy Policy at www.mimojo.world which is hereby incorporated into these Terms by reference.
You represent that you have read, understood and agreed to our Privacy Policy. Any use of our Platform constitutes your acceptance and agreement to be bound by our Terms and Privacy Policy.
Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our customers, affiliates, or the general public.
Use of electronic communications
When you use our Platform, or send emails to us, you are communicating with us electronically.
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Platform, "push" mobile notification, and other communications.
You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to these Terms.
You agree to indemnify us
You agree to indemnify, defend, and hold harmless, us, our parent companies, subsidiaries, affiliates, officers and employees, from and against any third party claims, suits, actions, losses, liabilities, costs, expenses and all resulting damages (actual and/or indirect and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your Content, (ii) your unauthorised use of the Platform; (iii) your access to and use of the Platform; (iv) your violation of any rights of another party or applicable law; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.
We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Our responsibility for any loss or damage you may suffer
We will exercise reasonable care and skill in performing our obligations to you but we do not guarantee that the Platform will meet your requirements.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Subject to the foregoing, we do not accept any responsibility or liability for any loss or damage you may incur:
for any loss of revenue, business, anticipated savings or profits;
any indirect, special or consequential loss, damage or other claims, howsoever caused or arising;
for any data loss or any other matter beyond our reasonable control;
resulting from any transaction with any Merchant;
in connection with the accuracy or content of any goods or services displayed on our Platform or on any other website that you may access via our Platform;
arising from an inability to access our Platform, from any use of the Platform or from reliance on the data transmitted using the Platform where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Membership Fees paid by you to us during the previous 12 month period from when a claim is brought.
If for any reason you suffer any losses arising from or in connection with these Terms and/or the Platform, you are acknowledge and agree to take all reasonable steps to mitigate those losses.
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms whether express or implied are hereby excluded to the fullest extent permitted by law.
We are not responsible for any third party websites
The Platform may contain links to third party applications, sites, and platforms (“Third Party Sites”) that are not owned or controlled by us, or that may be accessible by logging in through a Third Party Site, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Site relating to your use of the Platform and that you will act in accordance with those policies, in addition to your obligations under these Terms.
We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Platform. We do not screen or investigate third party material before or after including it on our Platform.
You acknowledge and agree that we shall not be responsible for the availability of any such Third Party Sites and we do not endorse any advertising, products or other materials on or available from such sites.
Third party content, including content posted by Merchants on the Platform, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. We assume no responsibility or liability for any third party content.
You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the Third Party Sites whatsoever.
In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party content. You expressly relieve and hold us harmless from any and all liability arising from your use of any Third Party Sites.
Your interactions with organisations and/or individuals found on or through the Platform, including payment and delivery of goods or Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or personal interaction with any of these third parties.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Platform, or between users and any third party, you understand and agree that we are under no obligation to become involved.
We may terminate your membership and account
We reserve the right, in our sole discretion, to suspend and/or terminate your Membership and/or Account:
if you breach any of these Terms;
where we suspect any fraudulent and/or suspicious activity;
if you have paused your Membership and/or Account for a long period of time or where we consider there is a prolonged period of inactivity relating to your Membership and/or Account;
if we consider, in our sole discretion, that you are not complying with applicable law and regulations when using the Platform and/or complying with these Terms;
if any third party agreements relating to the Platform are terminated or cease to exist;
if there is a change in law, regulation or government policy that we determine in our discretion would make the provision of the Platform or the continued performance of the mimojo service impracticable or otherwise unviable; or
we, in our discretion, decide to discontinue engaging in the mimojo business and decide to stop use of the Platform.
In addition, we have the right to terminate our agreement, these Terms and your Membership and/or Account for any reason or no reason at any time.
We shall not be liable for any liability or losses arising out of or related to such cancellation of your Membership and/or Account. You also acknowledge and agree that your Account will be closed and you will not be able to avail any Offer or receive any Cashback.
We reserve the right to modify, discontinue, terminate or suspend any and all Platform without prior notice. These Terms shall remain in full force and effect while you use any part of the Platform.
The consequences of our agreement ending and your Membership and/or Account closing are as follows:
you are no longer allowed to use the Platform and we may remotely limit your access to it;
you may be required to delete the Platform from any devices that it has been installed on;
we may delete or suspend access to any Accounts that you hold with us; and
you are not entitled to a refund or any Cashback.
All provisions of these Terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability and intellectual property restrictions.
Termination of these Terms or cessation of access to the Platform shall not affect accrued rights and liabilities of you or us up to the date of termination.
MISCELLANEOUS
Carrier Rates.
By accessing the Platform through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Waiver & Severability
The failure of us to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms shall otherwise remain in full force and effect and enforceable.
Entire Agreement
You and we agree that these Terms and our Privacy Policy (and any other terms or policies expressly referred to herein) are the complete and exclusive statement of our mutual understanding and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
Assignment
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without your consent.
Agency
Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.
Survival
All provisions of these Terms that by their nature are intended to survive performance hereof by you or us, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of these Terms.
Translation of the terms
We may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with us. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
Which country’s laws govern these terms and any disputes?
These Terms and any dispute or claim arising out of or in connection with them or their subject-matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (“DIFC”) in the Emirate of Dubai. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the DIFC in relation to all matters arising out of or in connection with these Terms, or their subject matter or formation (including non-contractual disputes or claims).
YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Contacting us
If we need to get in touch with you, we will do so by email or an in-platform notification.
If you need to get in touch with us: Mojo Solutions FZ-LLC, PO Box 500016, Dubai Internet City, Dubai, UAE, www.mimojo.io, David Ashford, Chief Product Officer, david@mimojo.io, +971 4 314 5888.