TERMS & CONDITIONS OF SERVICE
MoJo Marketing Inc
319 W Hastings St #400,
Vancouver, BC V6B 1H6
SECTION 1 – TERMS
Any agreement with MoJo Marketing Inc. shall become effective as of the agreement date and will continue until termination is requested by either party.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or state of residence.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or apps through which the service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website/apps is not accurate, complete or current. The material on this website/apps is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website/apps is at your own risk.
This website/apps may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website/apps at any time, but we have no obligation to update any information on our website/apps. You agree that it is your responsibility to monitor changes to our website/apps.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all agreements you enter into for our services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your services as per our agreement and contact you as needed.
Section 6 – INTELLECTUAL PROPERTY, AMENDMENTS and FORCE MAJEURE
MoJo Marketing Inc. warrants that the use of the mobile applications being developed will not infringe on any trademarks, copyrights, patents, or any other third party rights.
In the instance we become aware of any of the above taking place, we will be responsible for notifying the Client as well as seeking the needed permissions.
The Client acknowledges any and all text, photos, trademarks, designs, or other artwork given to MoJo Marketing Inc. is the Companies rightful property and they have the appropriate permissions to use products as such. MoJo Marketing Inc. is not responsible for any and all content provided by the Client that is copyright or trademark protected, in perpetuity.
No Amendments or modifications of the service agreement shall be permitted without prior written consent between the parties.
Neither party shall be considered in default or breach of contract in the instance of any delay pertaining to an act of God such as fire, explosion, Flood, or acts out of the control of such party such as riot, war, or terrorism.
In the event of such acts occurring the party is expected to notify the remaining party of such actions as well as a resolution date.
SECTION 7 – THIRD-PARTY LINKS
Gomojomarketing.com, mojomarketing.ca and any of our mobile applications or websites may direct you to third-party websites or apps that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website or apps, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website or apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or apps. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party on our website or apps.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our websites or apps or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel if any information in the Service or on any related websites or apps is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website or apps, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or apps, should be taken to indicate that all information in the Service or on any related website or apps has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the websites, apps or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related websites or apps, other website/apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website/apps, other website/apps, or the Internet. We reserve the right to terminate your use of the Service or any related website/apps for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MoJo Marketing Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states, provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MoJo Marketing Inc., our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. You are required to provide a 30 day notice to cancel your service with MoJo Marketing Inc. and fulfill any financial obligation from the date you provide us notice. MoJo Marketing Inc. will provide a final invoice to the Client at termination of the agreement.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website/apps or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at www.gomojomarketing.com/terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website/apps. It is your responsibility to check our website/apps periodically for changes. Your continued use of or access to our website/apps or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]