Last revision date: 30.4.2023
Acceptance of Terms
- These Platform Terms and Conditions (Terms) form a binding legal agreement between Mobile Credits, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to each Buyer and Seller (each referred to as a User, collectively the Users). By ticking the ‘I Agree’ option on registration and using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Mobile Credits using the contact details at the end of these Terms.
- The User’s use of the Site and the Services indicates that the User:
- has had sufficient opportunity to access these Terms and contact Mobile Credits;
- has read, accepted and will comply with these Terms;
- has legal capacity to enter into a contract for sale; and
- is 18 years or older. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
- These Terms may be amended from time to time. Use of these Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Although Mobile Credits will use reasonable endeavours to notify Users regarding amendments to these Terms via email, Mobile Credits recommends that each User checks the current Terms before continuing use of the Services. Mobile Credits’s agents, employees and third parties do not have authority to change the Terms.
We offer an End User Service to create a Mobile Credits account or to store your details so that you can check out faster at companies that use our services, including Mobile Credits. These Mobile Credits Account Terms, together with the End User Terms of Service set forth above, apply when you use this End User Service.
We may ask you if you want us to “remember you” for future payments with our eligible merchants (i.e., our Business users), including when you check out through their websites and applications. When you allow us to remember you, we store certain identifying information, such as your email address or mobile phone number (“Login Information”), and the payment information you provide to us, such as credit card, debit card or bank account numbers (“Payment Account Information”) . As part of your Payment Account Information, we may also store information such as your name, billing address and shipping address. The advantage we remember is that you may be able to pay faster and easier with the same Business user, as well as when you visit the sites or apps of our other eligible Business users. This can be especially useful if you’re using a mobile device or don’t have your Payment account information to hand.
You may only store Payment Account Information with us that you are authorized to use. Mobile Credits will not change your relationship with the Business user. In addition, your relationship with your payment method (for example, your bank or credit card company) remains unchanged. Removing a payment method from your Mobile Credits account does not cancel or change any obligations or amounts you still owe to a Business user.
Payment methods via debit and credit card
Keep your payment card details up to date. We may update your stored payment card information, without any action on your part, based on our own and third-party resources available to us.
Payment methods via bank account
Whenever you use a linked bank account to pay one of our Business users, you authorize us to immediately debit that bank account for the amount you authorize the merchant. You authorize us to retry a charge from your bank account if your bank rejects the original charge for any reason. You agree that granting the authorization in this paragraph is in accordance with the National Automated Clearinghouse Association (NACHA) operating rules and will have the same legal effect as if you had signed a paper authorization with the same terms. Using your bank account as a payment method is also subject to the terms, benefits and protections associated with your personal bank account. If you use your bank account as a payment method and do not have enough money to make a purchase, you may incur overdraft charges at your bank. If at any time you wish to revoke this authorization or you no longer want your bank account to be stored as a payment method in your Mobile Credits account, you must contact your bank account from your Mobile Credits account.
If you buy something from a Business user and the transaction is eventually refunded, the money will be refunded to the original payment method you used for the transaction.
Reserve payment method
If your default or chosen payment method is not available or the transaction via that payment method fails (for example, because your bank account does not have sufficient funds), we may charge you via your other payment methods that you have stored in Mobile Credits. In those cases, we will determine that a reserve payment method applies before you complete the purchase (such as with a one-time payment or for any subscription payments on the first subscription purchase). If you do not want us to use a backup payment method, you will need to remove the other payment methods from your account.
We will make reasonable efforts to keep your Payment Account Information secure. Here you will find more information about our security. Unfortunately, 100% security cannot be guaranteed for any data transmission and no storage system. We recommend that you use a strong password. We also recommend that you never share your password with others or use the same password for other sites or accounts. If you suspect that your account security has been compromised, please contact us immediately at https://web3.mobilecredits.app.
3rd Party Services
- Mobile Credits provides the following services via the Site:
- an introductory service where Sellers list their goods or services for Buyers to purchase (Introductory Service); and
- a payment service provider for transactions conducted between Buyers and Sellers (Transaction) using cryptocurrencies (Cryptocurrency), where Mobile Credits acts as a: limited payment collection agent to facilitate payment; or payment moderator for escrow transactions (Payment Services),
(the Introductory Service and Payment Services collectively referred to as Services).
- To access all Services and features on the Site, a User must register on the Site and create an account (Account) and a public profile visible to all Users setting out the information as requested on the Site (Profile). Each User is responsible for its own Account, Profile and obtaining their own Cryptocurrency wallet as required to receive the Services and pay the applicable fees on the Site.
- Mobile Credits provides the following services via the Site:
Users with an Account will be able to use the Site and Services as a Buyer or a Seller and access the Site to communicate with other Users and (i) use the Introductory Service to obtain goods or services from other Users; and (ii) use the Payment Service to carry out self-managed escrow transactions.
- Sellers can create listing(s) (Listing) online to advertise the sale of the Seller’s goods (Seller Products) and/or the availability of the Seller’s services (Seller Services).
- A Seller must set out all relevant information in a Listing such as the time, date and location of any Seller Service, the fee for any Seller Service, the purchase price of any Seller Product, any delivery fees in respect of any Seller Product, any refund and exchange policy in respect of any Seller Product, any refund policy in respect of any Seller Service and any other terms and conditions applicable to the sale of any Seller Product or the supply of any Seller Service.
- Sellers can view the Profiles of Buyers, and contact Buyers via: the private messages system available on our Discord server and/or NFT marketplaces where we are listed to enter into a Transaction with Buyers. Mobile Credits recommends Users communicate strictly via the Mobile Credits Private Messages to undertake and complete Transaction(s). Each User acknowledges and agrees if they communicate outside the Mobile Credits Private Messages, they do so at their own risk.
- Buyers will be able to: view Listings, request Seller Services and/or Seller Products, contact Sellers, book and pay for Seller Services and/or order and pay for Seller Products, through our Discord server and/or NFT marketplaces where we are listed.
- . When a Buyer orders any Seller Product and/or books any Seller Service, they accept any terms and conditions as set out in the relevant Listing.
- Buyers can view the Profiles of Sellers, and contact Sellers via our Discord server and/or NFT marketplaces where we are listed and commence Transactions with the Seller.
- When a Buyer makes an offer to purchase the Seller Product and/or Seller Service as set out in a Listing (Purchase), the Buyer accept the Cryptocurrency amount due and payable by the Buyer to the Seller (Purchase Price) and the Seller agrees the Purchase Price will be locked for 24 hours (Price Lock). If the Buyer does not make full payment of the relevant fees including the Purchase Price within those 24 hours, then the Price Lock will expire and your Purchase will be cancelled.
- Each User understands and agrees that the Site is an online introductory platform only, and that Mobile Credits’s responsibilities are limited to facilitating the availability of the Site and the Services.
- Subject to the provision of Payment Services, Mobile Credits is not a party to any Transaction or agreement entered into between a Buyer and a Seller. If a Buyer contacts a Seller and requests Seller Services and/or Seller Products, the Transaction and any agreement entered into is solely between the Buyer and Seller. It is strictly and expressly not part of the User’s agreement with Mobile Credits.
- Mobile Credits is not a referrer or booking agent, and provides no such related services. Mobile Credits has no control over the conduct of Buyers, Sellers and any other Users of the Site and the Services. Mobile Credits disclaims all liability in this regard, as set out in these Terms.
- Subject to these Terms, Mobile Credits grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Mobile Credits’s prior written consent.
- The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
- Each User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Site or Services in connection with Transactions that are illegal, which involve any illegal goods or services, or is for an illegal purpose as set out on the Site;
- register for more than one Account or register for an Account on behalf of another individual and/or entity;
- use the Services to find a Seller and then complete, or assist another individual to complete or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Mobile Credits’s provision of the Services;
- post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
- submit any false or misleading information;
- as a Seller, offer any Seller Services or Seller Products that it does not intend to honour or cannot provide;
- as a Buyer, make any offers to the Seller that it does not intend to honour;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
- use, display, mirror or frame the Site, or any individual element within the Site, Services, Mobile Credits’s name, any Mobile Credits trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Mobile Credits’s express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Each User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
- The Site, Services and Intellectual Property are protected by copyright, trademark, and other laws of Europe and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Mobile Credits and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
- The User must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates Mobile Credits, the Site, Services, a Buyer, or a Seller;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Mobile Credits a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
- The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
- it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Mobile Credits the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Mobile Credits’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Mobile Credits may at its sole discretion remove or delete any User Content including but not limited to if the User Content is offensive or in breach of these Terms.
- Each User agrees and appoints Mobile Credits to be the provider of Payment Services for the duration of these Terms and act as limited payment collection agent in accordance with clause 11.
- A Buyer may elect to pay for Seller Products or Seller Services using Cryptocurrency directly (Direct Payment) or in escrow (Escrow Payment).
- Each User acknowledges that the use of the Services may result in charges to them when they commence a Transaction including:
- the Purchase Price;
- Mobile Credits’s service fee payable by the Seller for facilitating the payment in Cryptocurrency from Buyer to Seller (Seller Transaction Fee); and
- Service fees payable by the Buyer if the Buyer elects to pay a Purchase Price using Escrow Payment (Escrow Fee).
(the Purchase Price, Seller Transaction Fee and Escrow Fee collectively referred to as Fees). The Fees are as set out on the Site at the time a User makes an offer to purchase the Seller Product and/or Seller Service set out in the Listing.
- If a Buyer elects to pay the Purchase Price using Direct Payment:
- the Buyer will pay the full Purchase Price in Cryptocurrency directly to Mobile Credits’s Cryptocurrency Wallet address as set out on the Site at the time Purchase (Mobile Credits Cryptocurrency Wallet) and the Purchase Price will be collected by Mobile Credits on behalf of the Seller as the Seller’s limited payment collection agent; and
- upon receipt of the Purchase Price, Mobile Credits will immediately pay to the Seller the value of the Purchase Priceless less the Transaction Fee.
- If a Buyer elects to pay the Purchase Price using Escrow Payment:
- the Buyer will pay to the Mobile Credits Cryptocurrency Wallet the full Purchase Price and the Escrow Fee;
- Mobile Credits will hold the full Purchase Price for the benefit of the Seller in escrow (Escrow Funds) for up to a period of 30 days commencing from the day of Purchase (Determination Period). For the avoidance of doubt, if the Buyer makes full payment of the Purchase Price 24 hours after Purchase, Mobile Credits will hold the Escrow Funds for 29 days from the time of payment;
- the Buyer acknowledges and agrees that Mobile Credits does not directly debit any amount from the Buyer’s Cryptocurrency wallet and all payment must be initiated by the Buyer; and
- the Users to the Transaction acknowledge and agree the Escrow acceptance and rejection process set out in clause 5 apply.
- Each User may only have one (1) Account on the Site including a Profile. Users will choose a username and password for their Account.
- Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, location and select a username and password.
- Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mobile Credits reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Mobile Credits proves to be inaccurate, not current or incomplete.
- It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The User will immediately notify Mobile Credits of any unauthorised use of its Account.
Users and User Profiles
- Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site is created from the personal information it provides to Mobile Credits.
- A Seller will be required to provide valid form(s) of identification as requested on the Site and contact details to create a Listing to advertise certain Seller Products and/or Services as set out on the Site, including but not limited to digital gift cards.
- Each User acknowledges and agrees that it is responsible for its own Profile.
- Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Mobile Credits does not provide a User with and cannot guarantee that other Users have genuine intentions.
- Each User should report to Mobile Credits any activities or requests of Users which are, or which the User reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of Mobile Credits, the Site, Services and/or a User.
- Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
- Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
- will not breach any agreements it has entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
- will not conflict with the rights of third parties.
- For the avoidance of doubt, Mobile Credits assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Mobile Credits reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Mobile Credits, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Ratings & Reviews
- Users may rate a Profile (Rating), which determines the popularity of individual Profiles. Buyers may also provide feedback to Sellers regarding Seller Products or Seller Services purchased by that Buyer (Review). Buyers may only leave Ratings and Reviews for the Seller’s Profile once they have purchased the products and/or services of the Seller.
- Ratings and Reviews of a Seller can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Seller’s Account and Profile is removed or terminated.
- Buyers must provide true, fair and accurate information in their Review.
- If, in Mobile Credits’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Mobile Credits may delete the Review or ban the Buyer from posting the Review. Mobile Credits does not undertake to review each Review made by a Buyer.
- To the fullest extent permitted by law, Mobile Credits is not responsible for the content of any Reviews.
Delivery of Seller Products
- The Seller is to arrange delivery of any Seller Product to the Buyer. Mobile Credits is not involved in the delivery process.
- A Buyer is required to refer to delivery information provided by the Seller or contact the Seller directly to confirm:
- that they are within the delivery area;
- the applicable delivery fees;
- when the Seller Product is likely to be dispatched;
- the method of delivery;
- when risk of loss, damage or deterioration to any Seller Product will pass to the Buyer; and
- what to do if a Seller Product is delayed, damaged or goes missing in the delivery process.
Cancellation of Registration
- If a User wishes to cancel its registration, it will need to do so by writing a message via our contact form. Users cannot cancel or deactivate their Account otherwise.
- No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
Cancellation & Refund Policy
- If a Seller cancels a Transaction, is subject to an Escrow Refund Request or fails to deliver the Seller Products or Seller Services as set out in clause 7, Mobile Credits will provide to the Buyer a full refund of the Purchase Price.
- Any cancellation, exchange or refund of a Seller Product and/or Seller Service: (i) after the expiry of the Determination Period, or (ii) where a Buyer pays the Purchase Price by Direct Payment, is strictly a matter between the Buyer and the Seller. The terms and conditions agreed to between the Buyer and Seller should be set out clearly in the Listing in respect of the Seller Product or Seller Service.
- Consumer legislation in Europe including the Europen Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
- If the User is a consumer as defined in the ACL, the following notice applies to the User from Mobile Credits: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
- By using our Site and Services, each User agrees that any legal remedy or liability that they may seek to obtain for actions or omissions of a Buyer, Seller, or other third party, will be limited to a claim against the Buyer, Seller or other third party, who caused harm to him or her. Mobile Credits encourages Users to communicate directly with the relevant Buyer, Seller or third party to resolve any disputes.
- Mobile Credits welcomes feedback from its Users. Mobile Credits seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
- In any other circumstances, if there are any complaints from a User, Mobile Credits will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Mobile Credits’s response, the User and Mobile Credits agree to the following dispute resolution procedure:
- the complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Mobile Credits agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- if a resolution cannot be agreed upon at the Initial Meeting, either the User or Mobile Credits may refer the matter to a mediator. If the User and Mobile Credits cannot agree on who the mediator should be, the complainant will ask the Law Society of Europe to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
- The User acknowledges that notwithstanding the procedure set out in clause 10(c), dispute resolution will take place electronically over email communication.
- Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
Fees & Payments
- Buyers and Sellers acknowledge that use of the Services including undertaking a Transaction may result in charges to them including the Fees, insurance, delivery fees and taxes but may be required to pay fees for any other Services that they request which are available on Mobile Credits’s Site.
- Each User agrees to pay the applicable Fees for a Transaction as set out on the Site.
- As the Seller’s limited payment collection agent, Mobile Credits will collect from the Buyer the Seller Fees on behalf of the Seller.
- Mobile Credits will process and facilitate payment to a Seller’s Cryptocurrency wallet the total Seller Fees accrued for the Seller Services provided and/or Seller Products delivered to a Buyer under the applicable Transaction less any applicable fees payable by that Seller to Mobile Credits.
- The User must pay for the Services in Cryptocurrency. The User must not pay, or attempt to pay, for the Services or a Transaction through any fraudulent or unlawful means. (f) Subject to clause 15, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
- Mobile Credits is not responsible for the payment of any sales, use, personal property or other governmental tax or levy imposed on any Seller Product or Seller Services supplied via the Services or otherwise arising from any Transaction undertaken by the Users.
- Mobile Credits’s pricing structure or payment methods may be amended from time to time at its sole discretion.
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Mobile Credits (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Mobile Credits, Mobile Credits owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Mobile Credits or the owner of the content.
- Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Mobile Credits’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Mobile Credits or the applicable trademark holder or Intellectual Property owner.
- Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Mobile Credits or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
Limited Payment Collection Agent
- Each Seller appoints Mobile Credits as the Seller’s limited payment collection agent solely for the purpose of accepting the Seller Fees from the Buyer.
- Each User agrees that payment of Seller Fees in respect of a Seller by a Buyer to Mobile Credits, as that Seller’s limited payment collection agent, shall be considered the same as a payment made directly by that Buyer to the relevant Seller and the Seller will provide the relevant Seller Services and/or Seller Product to the Buyer, as outlined in the relevant Listing, as if the Seller had received payment directly.
- Each User agrees that Mobile Credits, as the Seller’s limited payment collection agent, may permit a Buyer to cancel a Transaction and provide the Buyer with a refund in accordance with the cancellation and refund policy set out in the Seller’s Listing or these Terms.
- For Direct Payments, Mobile Credits, as limited payment collection agent for the Seller, agrees to facilitate the payment of any Seller Fees for Seller Services provided and/or Seller Products delivered unless otherwise agreed between Mobile Credits and the Seller. For Escrow Payments, the process set out in clause 5 will apply. In the event that Mobile Credits does not remit such amounts, the Seller will have recourse only against Mobile Credits.
- Notwithstanding Mobile Credits’s appointment as limited payment collection agent of each Seller, Mobile Credits explicitly disclaims all liability for any acts or omissions of the Seller or any other third parties.
Offers & Promotions
- Mobile Credits may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site.
- The User acknowledges and agrees that Mobile Credits may, at its sole discretion, remove or extend any offers or promotions, and Mobile Credits will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
- Shipping of Seller Products and/or delivery of Seller Services:Mobile Credits will provide notice to the Seller upon receipt of the Escrow Funds. Upon receipt of such notice, the Seller agrees: (i) to arrange to ship the Seller Products or deliver the Seller Services; (ii) within 72 hours of receipt of such notice, to mark the Seller Product and/or Services as “delivered” via the Site; and (iii) clause 9 will apply.
- Buyer Process:During the Determination Period the Buyer must accept the Delivery of the Seller Product and/or Seller Services or request a refund if there is a problem with the Seller Product and/or Seller Services. If the Buyer:
- accepts the delivery of Seller Product(s) and/or Seller Service(s) (Buyer Acceptance), they must click the “Release Escrow” button on the Site and Mobile Credits will immediately disburse to the Seller the Escrow Funds less the Seller Transaction Fee and the Transaction will be deemed complete;
- has a problem with the Seller Services or otherwise requests a refund (Escrow Refund Request), Mobile Credits will notify the Seller of such request and: if the Buyer has purchased Seller Products, the Buyer must promptly return the Seller Product to the Seller at the Buyer’s own expense; or if the Buyer has obtained Seller Services, Mobile Credits will notify the Seller of such dispute and the dispute resolution process as set out in clause 13 will apply; or
- does not accept or reject the Seller Product(s) and/or Seller Service(s), Mobile Credits will release Escrow Funds less the Seller Transaction Fee to the Seller upon expiry of the Determination Period.
The Buyer acknowledges and agrees the Escrow Fee is payable when the Buyer elects Escrow Payment, even if they accept or reject a Transaction or otherwise submits an Escrow Refund Request.
- Seller Process for Escrow Refund Request:Mobile Credits will notify the Seller immediately of Mobile Credits receiving notice of an Escrow Refund Request. Within 72 hours of receipt of such notice (Notice Period), the Seller must notify Mobile Credits whether it accepts or disputes the Escrow Refund Request. If the Seller disputes the Escrow Refund Request, the Seller must open a dispute within the Notice Period (Dispute Notice) only by replying to the Escrow Refund Request notice and the dispute resolution process set out in clause 13 will apply. The Seller agrees Mobile Credits will return to the Buyer the Escrow Funds held for the benefit of the Seller If the Seller:
- accepts the Escrow Refund Request; or
- does not provide a Dispute Notice prior to the expiry of the Notice Period.
Mobile Credits reserves the right to remove Escrow Payment from its Site and Services, to amend its procedure for Escrow Payment or to terminate its role as a limited payment collection agent at its discretion.
Mobile Payment Security
Users identify and categorize the issues the product might be facing:
- Lost or Stolen devices
- Phishing Scams
- Weak Passwords
- Using Public WiFi
- Human Error
Mobile Credits can and will NOT take RESPONSIBILTY for any of your mistakes and/or unlawfull actions.
Limitation of Liability
- Mobile Credits’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Mobile Credits in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (USD $100) if no such payments have been made, as applicable.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mobile Credits and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Mobile Credits.
- Each User agrees to defend and indemnify and hold Mobile Credits (and Mobile Credits’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- Mobile Credits reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Mobile Credits without restriction.
Representations & Warranties
In addition to the representations and warranties made in the Agreement, you represent and warrant to Mobile Credits and Mobile Credits.net that you (a) are legally able to enter into this Mobile Credits Addendum, (b) you will not use the Payment Services, directly or indirectly, for any fraudulent or illegal undertaking; and (c) you will only use the Payment Services in a manner consistent with the Agreement, including this Mobile Credits Addendum, the Documentation, and the Network Rules.
Notwithstanding the foregoing or anything to the contrary in the Agreement, you agree to defend, indemnify, and hold harmless Mobile Credits, and their respective employees, directors, agents, and affiliates from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to (a) your breach of any provision of the Agreement or this Mobile Credits Addendum; (b) your use of the Payment Services; (c) your obligations to pay fees or fines to Mobile Credits, your Customers, Financial Services Providers, or third parties; (d) negligence or willful misconduct of your employees, contractors, or agents; and (e) all third-party indemnity obligations Mobile Credits incurs as a direct or indirect result of your acts or omissions (including indemnification of any payment card network, card issuer, or intermediary bank).
Disclaimer of Warranties
ANY SERVICES DESCRIBED IN THIS Mobile Credits ADDENDUM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, QUALITY, SUITABILTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL DISCLAIMERS OF WARRANTIES PROVIDED IN THE AGREEMENT WILL APPLY EQUALLY TO Mobile Credits AS THEY DO TO Mobile Credits. Mobile Credits (a) IS NOT RESPONSIBLE FOR YOUR OR Mobile Credits’S FAILURE TO PERFORM OBLIGATIONS UNDER THE AGREEMENT AND (b) DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU, Mobile Credits, OR ANY THIRD PARTY.
Limitations on Liability
In no event will the Mobile Credits Entities be liable for any lost profits, lost revenue, lost business opportunity, loss of Data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to the Agreement, including this Mobile Credits Addendum, or the services described in either, including without limitation the use of, inability to use, or unavailability of services provided by Mobile Credits. Under no circumstances will Mobile Credits be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or your Mobile Credits Account or the Data contained therein, or your failure to use or implement security, controls, or processes that are appropriate for your business.
Mobile Credits assumes no liability or responsibility for any (a) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (b) any misuse of Services or Data; (c) any interruption or cessation of transmission to or from the Services; (d) any software bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, or omissions in services or Data, or any loss or damage resulting therefrom, regardless of the manner of transmission; or (f) defamatory, offensive, or illegal conduct of any third party.
Without limiting anything to the contrary, Mobile Credits’s cumulative liability to you is limited to direct damages and in all events will not exceed in the aggregate amounts actually received by Mobile Credits (including any fees paid to Mobile Credits) for providing services to you during the three (3) month period immediately preceding the event that gives rise to the claim for liability.
This limitation of liability section applies regardless of the legal theory that the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if Mobile Credits or Mobile Credits has been advised of the possibility of such damage.
The foregoing will apply to the fullest extent permitted by law in the applicable jurisdiction.
Restrictions on Usage
You may not use any Services from, or on behalf of persons or entities in a country embargoed, blocked, or defined by any member state of the European Economic Area or the United States. You further acknowledge and agree that you will not use your merchant account and/or the Services for illegal transactions or in connection with illegal activity of any kind. Unless otherwise explicitly stated, Services are solely for use by individuals, companies, or other entities located (as defined under applicable law and Network rules) in the European Economic Area.
All disputes under this Mobile Credits Addendum are subject to the applicable provisions of the Agreement.
The failure of Mobile Credits to assert any of its rights under this Mobile Credits Addendum will not be deemed to constitute a waiver by Mobile Credits of its rights to enforce each and every provision of this Mobile Credits Addendum in accordance with its terms.
Financial Services Terms
When your Customers pay you through Mobile Credits, they have the option of paying you through a funding source offered on the Mobile Credits.net website, including a credit or debit card prepaid funded wallet payment. Since you may be the recipient of a credit or debit card prepaid funded wallet payment, Visa Inc. (“Visa”) and MasterCard Europe S.A. (“MasterCard”), (collectively, the “Networks”) require that you enter into a direct contractual relationship with a bank that is a member of the Networks. However, by using Blockchain Payment Services you are not establishing a depository or other account with Mobile Credits.
Mobile Credits is not responsible for the provision of any Blockchain Services by Mobile Credits or your use of the Services for your business. Mobile Credits is also not responsible for providing customer service to you to resolve any issues you may have related to your use of the Services; however, as described in Blockchain Network Compliance and Disclosure, you may contact Mobile Credits in the event that you are unable to resolve any complaints directly with Mobile Credits.net. You are solely responsible for providing support to your Customers for all issues related to your products and services.
Compliance with (Blockchain) Network Rules
Where you use the Payment Services to accept Charges from payment cards, you will comply with the Network Rules and Blockchain limitations on use identified in the Agreement, including the Network Rules applicable to acceptance of Visa and MasterCard branded payment cards. These include guidelines, monitoring programs, and activity reporting (including excessive credits, chargebacks, or deposits). Under the Network Rules, certain activity may subject you to chargebacks, fees, fines, settlement delays, withholdings, audits of your processing activity, or termination of this Mobile Credits Addendum. Without limiting the foregoing, you specifically agree to:
- Only submit transactions authorized by the cardholder;
- Only accept payment for the sale of products or services, and receipt of bona fide donations, and not for any Prohibited Business;
- Submit a transaction for the full amount owed by the Customer for the transaction except where you and the Customer agree on a partial shipment (such as receiving a portion of an order), or where the transaction qualifies for delayed delivery or special order deposits (such as paying for a deposit on a custom-built product);
- Not establish minimum or maximum amounts (except as permitted by the Network Rules), or condition Charges for use of payment cards, and not discourage the use of one payment card brand over another;
- No surcharges or taxes (except where permitted by Law) and, where so done, you will only collect such amounts as part of the submitted Charge;
- Use Networks’ logos or marks in a manner permitted by the Network Rules;
- Prohibit use of payment cards for disbursement of cash (except as permitted by the Network Rules);
- Comply with the security obligations identified in the Agreement, including compliance with PCI-DSS and PCI PA-DSS (Payment Application Data Security Standard), as applicable, and only use cardholder data as permitted, and will certify such compliance upon request, and not permit or promote fraudulent use of payment cards or cardholder data;
- Audits and inspection of you and your processing activity by the payment card networks and Mobile Credits. The audits and inspection will include either or both of desktop review and on-site visits;
- Make clear to Customers that they are transacting with you prior to, during, and after the transaction, including providing clear statement descriptors;
- Use all reasonable methods to resolve disputes with your Customers, including in relation to chargebacks, and not attempt to recharge a Customer for the transaction unless authorized by the Customer; and
- Provide clear refund and exchange language that is consistent with Laws and the Network Rules.
Authorization for Handling of Funds
You authorize Mobile Credits to initiate holds, receipts, and disbursements of funds on your behalf upon settlement of Charges from the (Blockchain) Networks. You also authorize Mobile Credits to instruct Mobile Credits, on your behalf as your agent, on how and when Blockchain Transfers should be made. Settlement funds will be held in comingled accounts pending disbursement of the funds to you in accordance with the terms of the Agreement, including this Mobile Credits Addendum. Transfer of settlement funds to you will be suspended if required by applicable law, including laws related to Anti-Money Laundering (AML) control, sanctions screening and Political Exposed Person review. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by Mobile Credits prior to distribution to the account you designated in your Mobile Credits Account, that you have no right to direct Mobile Credits to distribute settlement funds, and that you may not assign any interest in any funds held at Mobile Credits. Mobile Credits may periodically make information available to you through Mobile Credits regarding anticipated funds settlement from the Networks). This settlement information does not constitute or give rise to a deposit or other obligation owed by Mobile Credits or Mobile Credits to you. Any settlement information communicated to you is for reporting and informational purposes only. You do not own and have no rights in such funds until they are credited to the account you identified to Mobile Credits. Any authorizations set forth in this Mobile Credits Addendum will remain in full force and effect until your Mobile Credits Account is closed or terminated.
Blockchain Network Compliance and Disclosure
- Important Mobile Credits Disclosures: Mobile Credits discloses that (i) either Mobile Credits or any entity within Mobile Credits Group is the only entity approved to extend acceptance of Blockchain products directly to you; (ii) it must be a principal to this Mobile Credits Addendum; (iii) it is responsible for educating you on pertinent Network Rules with which you must comply, but this information may be provided to you by Mobile Credits; (iv) subject to this Mobile Credits Addendum, it is responsible for and must provide settlement funds to you and does so via Mobile Credits; and (v) it is responsible for all funds held in reserve that are derived from settlement prior to funding you.
- Your Responsibilities:You agree that, at all times throughout the term of this Mobile Credits Addendum, you will (i) comply with data security and storage obligations in using and maintaining Payment Data as requested by the Agreement, this Mobile Credits Addendum and applicable Law, including but not limited to the GDPR (Regulation (EU) 2016/679); (ii) maintain fraud and chargeback rates acceptable under the Network Rules; (iii) review and understand the terms of this Mobile Credits Addendum; and (iv) comply with Network Rules, including but not limited to those provided by Visa and MasterCard.
Sharing of Data
- You authorize Mobile Credits.net to provide any Data, including User Data or Payment Data, to Mobile Credits and its payment providers, the Networks, to credit reference agencies, fraud and AML screening agencies and other relevant governmental bodies to (i) provide the services described in this Mobile Credits Addendum to you, (ii) comply with legal and regulatory obligations, and (iii) perform underwriting and risk review, including verification that you are legally permitted to transact and receive funds. Where required to comply with legal, Network, or regulatory obligations, Mobile Credits may provide any Data to law enforcement, Networks or regulators (as the case may be). This authorization is provided in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).
- You agree that you will not (i) use the Payment Data for any purpose other than to support Payment Services, (ii) use the Payment Data for any purpose that you know or should know to be fraudulent or in violation of any Network Rules, (iii) sell, purchase, provide or exchange in any manner or disclose Payment Data to anyone other than Mobile Credits or the Networks (as applicable), or to a government authority in response to a valid government request. Further, you agree that you will at all times comply with the Payment Card Industry Standards (“PCI Standards” including, without limitation, PCI-DSS) with respect to Payment Data and will indemnify and hold Mobile Credits harmless for any violation or breach of the PCI Standards, including but not limited to, any fines, fees or assessments by any Networks tied upon you, Mobile Credits, or Mobile Credits.
Terms & Termination
This Mobile Credits Addendum will have the same effective date as the Agreement and will continue so long as you use the (Blockchain) Payment Services. This Mobile Credits Addendum will terminate automatically upon termination of the Agreement, except for those terms which are intended to survive termination. In addition, the Payment Services or this Mobile Credits Addendum may be terminated at any time by Mobile Credits upon notice to you.
- Mobile Credits does not guarantee that Seller Products and/or Seller Services will be requested by any Buyer, nor does Mobile Credits guarantee that Buyers will be able to find desirable Sellers, Seller Products and/or Seller Services.
- Mobile Credits does not endorse any Buyer, Seller, Profile, Listing or Seller Services and Seller Products. Mobile Credits requires Buyers and Sellers to confirm that they have provided accurate information. Mobile Credits does not perform any sort of background checks of Buyers and Sellers, and does not confirm any Buyer or Seller’s identity, Profile, Listing, Seller Services and/or Seller Products.
- Mobile Credits cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Seller or Seller Services or Seller Products. Buyers are responsible for determining the identity and suitability of Sellers that they contact via the Services and the Seller Services and Seller Products.
- Mobile Credits accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Mobile Credits disclaims any and all liability related to any and all Buyers, Sellers, Profiles, Listings, Seller Services and Seller Products.
- By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Buyers or Sellers or other third parties will be limited to a claim against the Buyer or Seller or other third party who caused it harm. Mobile Credits encourages the User to communicate directly with the relevant Buyer or Seller on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, Mobile Credits disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, Mobile Credits is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Mobile Credits advises that all Users using the Site and Services should seek advice in relation to these matters.
- Each Buyer and Seller who uses the Site and the Services does so at their own risk.
- Mobile Credits excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
- Mobile Credits expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Mobile Credits does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- Mobile Credits takes no responsibility for, and will not be liable for, the Site, the Services, the Buyer, the Seller, Seller Services and Seller Products being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
- Mobile Credits will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, any Listing, the Seller Services, the Seller Products or the Terms, even if Mobile Credits was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from Mobile Credits with respect to such actions or omissions.
- Accuracy: While Mobile Credits will endeavour to keep the information up to date and correct, Mobile Credits makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Mobile Credits expressly excludes any liability for such to the fullest extent permissible by law.
- Security: Mobile Credits has a secured business system with an SSL connection to protect all User transactions and to ensure maximum security. Mobile Credits also uses individually ‘salted’ passwords. Mobile Credits stores information across different servers, including multiple servers in Europe. Daily backups are in place for security purposes.
- the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content;
- any pending or future Transaction (in respect of a Seller or Buyer) will be immediately terminated;
- Mobile Credits may communicate to the relevant Seller or Buyer that the Transaction has been cancelled;
- Mobile Credits may refund the Buyer in full, regardless of the cancellation and refund policy; and
- Mobile Credits may contact Buyer to inform them of potential alternative Seller Services or Seller Products available from different Sellers on the Site and Services.Termination:Mobile Credits reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Mobile Credits decides to terminate a User’s Account any of the following may occur, with or without notice to the User:
- Fraudulent and Illegal Activities: Each User acknowledges and agrees that, in the event Mobile Credits reasonably suspects that there are fraudulent or illegal activities occurring within the Site and Services, Mobile Credits reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations. Such activities include the publication of illegal content, spam, scam and phishing.
- Force Majeure:Mobile Credits will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Mobile Credits of any of the Terms shall be effective unless Mobile Credits expressly states that it is a waiver and Mobile Credits communicates it to the User in writing.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Mobile Credits’s prior written consent.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Europe, and subject to the exclusive jurisdiction of the European courts. The Site may be accessed throughout Europe and overseas. Mobile Credits makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Europe. If a User accesses the Site from outside Europe, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Mobile Credits and each User, and supersede any prior agreement, understanding or arrangement between Mobile Credits and each User, whether oral or in writing.
IMPORTANT: Digital asset prices are volatile and fluctuate day-to-day. Trading in these digital assets may be considered a high risk activity. Proper due diligence and sound judgement should be used in evaluating the risks associated with these activities. Mobile Credits does not solicit nor make any representation that digital assets are an investment vehicle. The decision to trade digital assets rests entirely on the users own independent judgement.
These Terms and Conditions May Change
We reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of Mobile Credits following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
Limitations of Liability
Mobile Credits shall not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. IN NO EVENT WILL Mobile Credits NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE. This site may include inaccuracies, mistakes or typographical errors. Mobile Credits does not warrant that the content will be uninterrupted or error free.
Copyright and Trademark
Unless otherwise indicated, material on this website, including but not limited to texts, images, illustrations, software, audio clips, video clips, animation files, is subject to the copyright and trademark rights of Mobile Credits. Consequently, the material on this website may not be copied, reproduced, modified, posted, transmitted, distributed, in whole or in part in any form whatsoever, without the prior written consent of Mobile Credits. All rights reserved.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state and international laws in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Duties and Taxes
You are responsible for duties and taxes outside your own region. All items entering a foreign country are subject to customs inspection and assessment of the duties and taxes in accordance with that country’s national laws.
You are responsible for maintaining the confidentiality of your account and password information, and you agree to accept responsibility for all activities that occur under your account and password. This website and Mobile Credits reserves the right to refuse service, terminate accounts remove or edit content or cancel orders.
By placing an order, you warrant that you are over 18 years of age, and that you are providing Mobile Credits with accurate, truthful information and that you have the authority to place the order.
Exchange and Refund Policy
When you visit this website and/or send email to us, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures and other communications that we sent you electronically satisfy any legal requirement that such communications be in writing
Exclusions of Warranties
Mobile Credits makes no representative or warranty regarding the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. All information or material provided in this website to you and without warranties of any kind, expressed or implied, including without limitation, warranties or conditions of merchantability, fitness, quality, durability or suitability for any particular purpose, or non-infringement. Any seller assumes full responsibility for the content of its listing. Mobile Credits accepts no responsibility whatsoever in respect of such content. To report fraudulent or illegal use, please contact us.