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In this User Agreement:
Definitions
"Account" means the account associated with your email address and mobile phone number.
"Client" means a User that utilized the Jobs offered by the mobile application to offer jobs to local freelancers.
"Freelancer" means a User that offers professional expertise thru this mobile application.
"MOBOPH", "we", "our", "company" or "the company" or "us" means MOBOPH Mobile Booking Pilipinas.
"Verified by MOBOPH" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
"Inactive Account" means a User Account that has not been logged into for a 6-month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"User", "you" or "your" means an individual who visits or uses the Mobile Application.
"User Contract" means: (1) this User Agreement; and (2) any other contractual provisions accepted by both Users uploaded to the Mobile Application.
1. Overview
MOBOPH's Site Terms of Use outline the terms and conditions for accessing and using the Mobile Application. Before visiting our Mobile Application, please carefully review these terms. By accessing and/or using our Mobile Application, you agree to comply with these Terms of Use. If you do not agree to these Terms of Use, you may not visit, use, or access the Mobile Application as a Visitor, User, or in any other capacity, and may not click to accept the Terms of Service when prompted on the Mobile Application.
PLEASE CAREFULLY READ THE USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERRED TO AS THE "TERMS OF SERVICE" COLLECTIVELY, AS THEY CONTAIN ESSENTIAL INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE LIMITATIONS, EXCLUSIONS, A BINDING ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER.
This User Agreement (this "Agreement") is a contract between you ("you" or "User") and MOBOPH ("MOBOPH," "we," or "us"). To become a User of our website located at https://moboph.com/ or any part of the rest of the Mobile Application (defined in the Terms of Use), you must read, agree to, and accept all of the terms and conditions contained in this Agreement.
This Agreement includes and incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Terms of Use; Fee and Authorization Agreement; Cookie Policy; Privacy Policy; MOBOPH App Software License Agreement; and the Payment Fulfillment Instructions as applicable to any Service Contract you enter into with another User. This Agreement also incorporates, for any User using the MOBOPH Booking Service and MOBOPH Booking Contract Terms. These agreements are collective, with this Agreement, called the "Terms of Service".
MOBOPH reserves the exclusive right to modify this Agreement and any other agreements forming part of the Terms of Service at its discretion. Such amendments may be made by publishing a revised version on the Site, subject to the conditions stipulated herein. In the event of any substantial changes to the Terms of Service, as solely determined by MOBOPH, such changes may include but are not limited to, an increase in the fees charged by MOBOPH, a reduction of fees, temporary fee changes, or promotional fee adjustments, MOBOPH may provide reasonable advance notice for these substantial changes. This notice may be given by posting the updated Terms of Service on the Site, displaying the notice on the Site, and/or sending a notification via email. The revised Terms of Service will be effective from the date indicated as the "Effective Date" for each respective change.
2. Scope
Before using the Mobile Application, you must read the whole User Agreement, the Mobile Application policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, the MOBOPH Privacy Policy and all Mobile Application policies. By accepting this User Agreement as you access our Mobile Application, you agree that this User Agreement will apply whenever you use the Mobile Application, or when you use the tools we make available to interact with the Mobile Application. Some Mobile Applications may have additional or other terms that we provide to you when you use those services.
3. Eligibility
You will not use the Mobile Application if you:
1. are not able to form legally binding contracts;
2. are under the age of 16;
3. are suspended from using the Mobile Application; or
4. do not hold a valid email address and mobile phone number
5. and do not possess valid ID’s
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
A person over 16 but under 18 years old, that he or she may take part for as long as parent consent is provided as part of his/her requirement.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement.
4. Using MOBOPH
While using the Mobile Application, you will not attempt to or otherwise do any of the following:
1. post content or items in inappropriate categories or areas on our Mobile Applications;
2. infringe any laws, third party rights or our policies;
3. fail to deliver payment for job rendered to you;
4. fail to deliver job rendered from you;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to MOBOPH;
6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Mobile Application);
8. transfer your MOBOPH account (including feedback) and Username to another party;
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm MOBOPH, the Mobile Application, or the interests or property of MOBOPH users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate listings from our Mobile Application for display with listings from other Mobile Applications without our express written permission or otherwise incorporate any part of the Mobile Application into any other Mobile Application without our prior written authorization;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Mobile Application;
13. copy, modify or distribute rights or content from the Mobile Application or MOBOPH's copyrights and trademarks; or
14. harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights Infringement
MOBOPH and its licensors retain all rights, title, and interest in and to all Intellectual Property Rights related to the Mobile Application. MOBOPH's logos and names are trademarks of MOBOPH and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. The Terms of Service do not grant you any right to use any MOBOPH Marks.
6. Fees and Services
We charge fees for certain job or transaction, such as introduction fees for Projects, listing upgrades, and additional jobs. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of job, Freelancer’s fee can only be adjusted if there is no agreed contract with the Client yet and will update by placing on our Mobile Application. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new job, and such changes are effective when we post a temporary promotional event or new service on the Mobile Applications, or as notified through promotional correspondence. The fees collected are as follows to be guided by the user agreement of the mobile application:
• Booking Fee: 20%
• Cancellation Fee: 20%
The mobile application will charge withdrawal processing fees based on the payment channel used by the Freelancer. The Booking Fee will be applied for each successful transactions/jobs completed and deducted from the gross earnings of the Freelancer. Should the Client decide to cancel the booking, Cancellation Fee will be applied to both real-time, single, bulk, and scheduled bookings.
The fees are subject to change without prior notice. Unless otherwise stated, all fees are quoted in Philippine Peso.
7. Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Rephase:
(Any taxes, including value-added taxes or taxes on products and services that may be relevant based on the jurisdiction in which the services are rendered, are your responsibility to pay.
You understand that you have legal obligations to follow your jurisdiction's income tax laws.)
8. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.
Rephase:
(You understand and agree that we may, at our discretion, appoint our associated bodies corporate, affiliates, or any other third party to act as our agent in accepting or making payments (including merchant facilities) from or to Users on our behalf.)
9. Promotion
We may display your company or business name, logo, images, or other media as part of the MOBOPH Services and/or other marketing materials relating to the Mobile Application, except where you have explicitly requested that we do not do this, and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Projects and the content of your profile information on the Mobile Application for marketing and other related purposes.
Rephase:
(We may show your company or business name, logo, photos, or other media as part of the MOBOPH Services and/or any marketing materials pertaining to the Mobile Application, unless you explicitly request that we do not do so and we agree to such a request in writing.
You agree that we may use your Projects' public description and the content of your profile information on the Mobile Application for marketing and other purposes.)
10. Content
We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Mobile Application. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Mobile Application; and (3) any and all content submitted to the Mobile Application is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation.
3. will not be defamatory or trade libelous;
4. will not be obscene or contain pornography;
5. will not contain the development, design, manufacture or production of
missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not engage any activities involving illegal drugs
8. will not include incomplete, false, or inaccurate information about User or any other individual; and
9. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Information on the Mobile Application may contain general information about legal, financial, health and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Mobile Application as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Mobile Application, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Mobile Application may contain links to other third-party Mobile Applications. We do not control the Mobile Applications to which we link from the Mobile Application. We do not endorse the content, products, services, practices, policies or performance of the Mobile Applications we link to from the Mobile Application. Use of third-party content, links to third party content and/or Mobile Applications is at your risk.
In relation to deletion or hiding of any information or content, using the Mobile Application to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations. 11. Feedback, Reputation and Reviews You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Mobile Application while you remain a User. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Mobile Application from time to time without our prior written permission. You may not do (or omit to do) anything that may undermine the integrity of the MOBOPH feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted. Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Freelance Services via the Mobile Application. You may not use your User feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a Mobile Application operated by MOBOPH or its related entities, without our written permission. 12. Advertising Unless otherwise agreed with us, you must not advertise an external Mobile Application, product or service on the Mobile Application. Any Mobile Application address posted on the Mobile Application, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Mobile Application. We may display advertisements or promotions on the Mobile Application. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you because of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by MOBOPH or third-party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions. 13. Communication With Other Users Communication with other users on the Mobile Application must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Mobile Application. You must not post your email address or any other contact information on the Mobile Application, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Mobile Application. Unless you have a prior relationship with a User, you must only communicate with Users via the Mobile Application. You must not, and must not attempt to, communicate with other Users through any other means. Users may incur a penalty if they are found to be conducting communications or transactions outside of the platform. In relation to chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function. MOBOPH may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Mobile Application or in the mobile apps. We may read all correspondence posted to the Mobile Application and download or access, and test (if necessary), all uploaded files, programs and Mobile Applications related to your use of the Mobile Application for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes. 14. Identity / Know Your Customer You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources. You must also, at our request, provide copies of identification documents. We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills. We reserve the right to close, suspend, or limit access to your Account, the Mobile Application and/or MOBO Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section. We reserve the right to update your particulars on the Mobile Application to match any identity documentation that has been provided. Disbursements such as wire transfers from the Mobile Application may only be made to the beneficiary matching your provided identity documents and account information. If you are not Verified by MOBOPH you may not be able to withdraw funds from your MOBOPH Account, and other restrictions may apply. 15. User Services Upon the Client awarding a Project to the Freelancer, and the Freelancer’s acceptance on the Mobile Application, the Client and Freelancer will be deemed to have entered a User Contract under which the Client agrees to render, and the Freelancer agrees to render the Freelancer’s Services. You agree not to enter into any contractual provisions in conflict with the User Agreement. You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any laws, international laws, statutes, ordinances and regulations relevant to you as a Client or Freelancer, or in any other uses you make of the Mobile Application. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract. Depending on their jurisdiction, Client and Freelancer may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement conflicts with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further. Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship between MOBOPH and any User. MOBO PH will not be liable for any issue/errors of Freelancers that may have resulted to back jobs. However, in good faith the MOBO Support Group will assist in any investigation requested and reported related to the said issue/error to suffice the need of rectifying the concern. 16. Funds You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Mobile Application. If you are a Freelance, you may have positive funds if you have successfully completed a Project/job and funds have been released to you. User’s funds are secured by MOBO PH and operating account held with financial institutions. Clients are required to fund their account before posting a job to ensure workers receive their payment after completing their tasks. Even more, the application will automatically reject job posting of Clients with insufficient funds. Freelancers may use their funds to purchase Engage. Newly registered Freelancers are entitled to a free Engage (Token) used to apply for a job. You are not entitled to any interest, or other earnings for funds that are in your Account. We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds. If your Account has negative funds, we may: 1. set-off the negative amount with funds that you subsequently receive into your Account; 2. reverse payments you have made from your Account to other User Accounts on the Mobile Application; 3. deduct amounts you owe us from money you subsequently add or receive into your Account; or 4. immediately suspend or limit your Account until such time as your Account no longer has a negative amount. In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account. We reserve the right to collect any funds owed to us by any other legal means. 17. Limits & Fraud Prevention We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent. If we become aware that any funds received into an Account from another Account because of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or act against you to recover those funds. We may, in our sole discretion, place a limit on any or all the funds in your Account (thereby preventing any use of the funds) if: 1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback; 2. we believe that the beneficiary of the payment is someone other than you; 3. we believe that the payment is being made to a country where we do not offer our Service; or 4. we are required to do so by law or applicable law enforcement agencies. If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter. 18. Withdrawals Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes. Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay. We may require you to be Verified by MOBOPH before you can withdraw funds from your MOBOPH Account, irrespective of whether or not a delay has been enforced. For details of how to become Verified by MOBOPH. 19. Inactive Accounts User Accounts that have not been logged into for a period of time will deactivated, until either the account is closed or reactivated. We reserve the right to close an Inactive Account. We reserve the right to close an account with nil or negative funds. 20. Right to Refuse Service We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account: 1. if we determine that you have breached, or are acting in breach of this User Agreement; 2. if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees; 3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights; 4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; 5. you do not respond to account verification requests; 6. you do not complete account verification when requested within 3 months of the date of request; 7. to manage any risk of loss to us, a User, or any other person; or 8. for other reasons. If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. You acknowledge and agree that the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account. 21. Other Disputes With Users You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided. If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us as set out in the Clause entitled "Contacting us". In relation to disputes with any other users of the Mobile Application, you hereby agree to indemnify MOBOPH from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes. The MOBOPH Code of Conduct applies to all the services offered by MOBOPH, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation, or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback. 22. Disputes With Us If a dispute arises between you and MOBOPH, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our MOBOPH Support Team or emailing us at MoBo_Support@moboph.com. For any claim, MOBOPH may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If MOBOPH elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that MOBOPH will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against MOBOPH must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, MOBOPH may recover its legal fees and costs (including in-house lawyers and paralegals), provided that MOBOPH has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, MOBOPH will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement. MOBOPH's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. As stated above (Section 15 – User Service) MOBO PH involvement with disputes and complaints will only be limited with the following conditions: • MOBO PH will provide assistance via our Support Group to provide clarifications, answers and assistance to queries. • In good faith, MOBOPH Support Group will assist in any investigation requested/reported related to any recent transaction in order to suffice the need of rectifying the situation. MOBO PH will not be liable for any issue/errors of Freelancers that may have resulted to back jobs. Any actions detrimental to the interest of the client such as gross and serious misconduct and damage to property will be coursed through legal action. 23. Closing Your Account You may close your Account at any time. The option is located in the Account Settings. Account closure is subject to: 1. not having any outstanding listings on the Mobile Application; 2. resolving any outstanding matters (such as a suspension or restriction on your Account); and 3. paying any outstanding fees or amounts owing on the Account. We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold. 24. Privacy Users shall keep all confidential information secret and shall not disclose said confidential information except to those persons directly involved with the Service. Such persons are bound by obligations of confidentiality no less effective than those contained in this Terms & Conditions and applicable law and rules. Users shall use the confidential information only to the extent necessary in connection with the purpose of the Service. Users shall use the standard under the Data Privacy Act of 2012, its implementing rules and regulations, and pertinent government issuances to establish and maintain satisfactory security measures to safeguard the confidential information from unauthorized access or use or disclosure. Users shall be liable for inadvertent, improper, deliberate or unauthorized access, use or disclosure of confidential information under pertinent laws and rules, except for acts beyond the control of the Users. 25. Security You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Mobile Application, your Account or the MOBOPH Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password. 26. No Warranty as to Each User's Purported Identity We cannot and do not confirm each User's purported identity on the Mobile Application. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us. 27. No Warranty as to Content The Mobile Application is a dynamic time-sensitive Mobile Application. As such, information on the Mobile Application will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party. Our Services, the Mobile Application and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about: 1. the Mobile Application or any Services or MOBOPH Services; 2. the accuracy, reliability, availability, veracity, timeliness or content of the Mobile Application or any Services or MOBOPH Services; 3. whether the Mobile Application or Services or MOBOPH Services will be up-to-date, uninterrupted, secure, error-free or non-misleading; 4. whether defects in the Mobile Application will be corrected; 5. whether the Mobile Application, the Services or the MOBOPH Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Mobile Application, Services or MOBOPH Services; 6. any third-party agreements or any guarantee of business gained by you through the Mobile Application, Services or MOBOPH Services or us; or 7. the Mobile Application, Services or MOBOPH Services or infrastructure on which they are based, being error or malicious code free, secure, confidential, or performing at any particular standard or having any particular function. To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement. 28. Limitation of Liability In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: 1. any indirect, special, incidental or consequential damages that may be incurred by you; 2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you; 3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Mobile Application. The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising. Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Philippine Competition Act and relevant regulations. In addition, the Mobile Application acts only as referral services and will not in any case be consider as outsourcing and recruiting. There will be no employer-employee relationship that will form and MOBOPH will not be held liable to any labor claims as this Terms and Agreements is purely civil in nature. To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the MOBOPH services again or the payment of the cost of having the MOBOPH services supplied again. 29. Legal Limitations As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement. You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users. 30. Notices Legal notices will be served or to the email address you provide to MOBOPH during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to MOBOPH must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail). 31. Severability The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement. 32. Interpretation Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 33. No Waiver Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation. 34. Communications You consent to receive notices and information from us in respect of the Mobile Application and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account. 35. Abusing MOBOPH MOBOPH reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users. Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include: 1. use of our services for any illegitimate or non bona fide purpose 2. creating problems with other users or potential legal liabilities 3. infringing the intellectual property rights of third parties 4. acting inconsistently with the letter or spirit of any of our policies 5. abuse of any staff members including inappropriate or unreasonable communications 6. abuse or poor performance in the Preferred MOBOPH / Rising Stars Program 7. any attempt to use MOBOPH's platform or services for any objectionable purpose 36. Feedback If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support Mobile Application or emailing us at MoBo_Support@moboph.com.
Definitions
"Account" means the account associated with your email address and mobile phone number.
"Client" means a User that utilized the Jobs offered by the mobile application to offer jobs to local freelancers.
"Freelancer" means a User that offers professional expertise thru this mobile application.
"MOBOPH", "we", "our", "company" or "the company" or "us" means MOBOPH Mobile Booking Pilipinas.
"Verified by MOBOPH" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
"Inactive Account" means a User Account that has not been logged into for a 6-month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"User", "you" or "your" means an individual who visits or uses the Mobile Application.
"User Contract" means: (1) this User Agreement; and (2) any other contractual provisions accepted by both Users uploaded to the Mobile Application.
1. Overview
MOBOPH's Site Terms of Use outline the terms and conditions for accessing and using the Mobile Application. Before visiting our Mobile Application, please carefully review these terms. By accessing and/or using our Mobile Application, you agree to comply with these Terms of Use. If you do not agree to these Terms of Use, you may not visit, use, or access the Mobile Application as a Visitor, User, or in any other capacity, and may not click to accept the Terms of Service when prompted on the Mobile Application.
PLEASE CAREFULLY READ THE USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERRED TO AS THE "TERMS OF SERVICE" COLLECTIVELY, AS THEY CONTAIN ESSENTIAL INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE LIMITATIONS, EXCLUSIONS, A BINDING ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER.
This User Agreement (this "Agreement") is a contract between you ("you" or "User") and MOBOPH ("MOBOPH," "we," or "us"). To become a User of our website located at https://moboph.com/ or any part of the rest of the Mobile Application (defined in the Terms of Use), you must read, agree to, and accept all of the terms and conditions contained in this Agreement.
This Agreement includes and incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Terms of Use; Fee and Authorization Agreement; Cookie Policy; Privacy Policy; MOBOPH App Software License Agreement; and the Payment Fulfillment Instructions as applicable to any Service Contract you enter into with another User. This Agreement also incorporates, for any User using the MOBOPH Booking Service and MOBOPH Booking Contract Terms. These agreements are collective, with this Agreement, called the "Terms of Service".
MOBOPH reserves the exclusive right to modify this Agreement and any other agreements forming part of the Terms of Service at its discretion. Such amendments may be made by publishing a revised version on the Site, subject to the conditions stipulated herein. In the event of any substantial changes to the Terms of Service, as solely determined by MOBOPH, such changes may include but are not limited to, an increase in the fees charged by MOBOPH, a reduction of fees, temporary fee changes, or promotional fee adjustments, MOBOPH may provide reasonable advance notice for these substantial changes. This notice may be given by posting the updated Terms of Service on the Site, displaying the notice on the Site, and/or sending a notification via email. The revised Terms of Service will be effective from the date indicated as the "Effective Date" for each respective change.
2. Scope
Before using the Mobile Application, you must read the whole User Agreement, the Mobile Application policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, the MOBOPH Privacy Policy and all Mobile Application policies. By accepting this User Agreement as you access our Mobile Application, you agree that this User Agreement will apply whenever you use the Mobile Application, or when you use the tools we make available to interact with the Mobile Application. Some Mobile Applications may have additional or other terms that we provide to you when you use those services.
3. Eligibility
You will not use the Mobile Application if you:
1. are not able to form legally binding contracts;
2. are under the age of 16;
3. are suspended from using the Mobile Application; or
4. do not hold a valid email address and mobile phone number
5. and do not possess valid ID’s
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
A person over 16 but under 18 years old, that he or she may take part for as long as parent consent is provided as part of his/her requirement.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement.
4. Using MOBOPH
While using the Mobile Application, you will not attempt to or otherwise do any of the following:
1. post content or items in inappropriate categories or areas on our Mobile Applications;
2. infringe any laws, third party rights or our policies;
3. fail to deliver payment for job rendered to you;
4. fail to deliver job rendered from you;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to MOBOPH;
6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Mobile Application);
8. transfer your MOBOPH account (including feedback) and Username to another party;
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm MOBOPH, the Mobile Application, or the interests or property of MOBOPH users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate listings from our Mobile Application for display with listings from other Mobile Applications without our express written permission or otherwise incorporate any part of the Mobile Application into any other Mobile Application without our prior written authorization;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Mobile Application;
13. copy, modify or distribute rights or content from the Mobile Application or MOBOPH's copyrights and trademarks; or
14. harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights Infringement
MOBOPH and its licensors retain all rights, title, and interest in and to all Intellectual Property Rights related to the Mobile Application. MOBOPH's logos and names are trademarks of MOBOPH and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. The Terms of Service do not grant you any right to use any MOBOPH Marks.
6. Fees and Services
We charge fees for certain job or transaction, such as introduction fees for Projects, listing upgrades, and additional jobs. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of job, Freelancer’s fee can only be adjusted if there is no agreed contract with the Client yet and will update by placing on our Mobile Application. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new job, and such changes are effective when we post a temporary promotional event or new service on the Mobile Applications, or as notified through promotional correspondence. The fees collected are as follows to be guided by the user agreement of the mobile application:
• Booking Fee: 20%
• Cancellation Fee: 20%
The mobile application will charge withdrawal processing fees based on the payment channel used by the Freelancer. The Booking Fee will be applied for each successful transactions/jobs completed and deducted from the gross earnings of the Freelancer. Should the Client decide to cancel the booking, Cancellation Fee will be applied to both real-time, single, bulk, and scheduled bookings.
The fees are subject to change without prior notice. Unless otherwise stated, all fees are quoted in Philippine Peso.
7. Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Rephase:
(Any taxes, including value-added taxes or taxes on products and services that may be relevant based on the jurisdiction in which the services are rendered, are your responsibility to pay.
You understand that you have legal obligations to follow your jurisdiction's income tax laws.)
8. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.
Rephase:
(You understand and agree that we may, at our discretion, appoint our associated bodies corporate, affiliates, or any other third party to act as our agent in accepting or making payments (including merchant facilities) from or to Users on our behalf.)
9. Promotion
We may display your company or business name, logo, images, or other media as part of the MOBOPH Services and/or other marketing materials relating to the Mobile Application, except where you have explicitly requested that we do not do this, and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Projects and the content of your profile information on the Mobile Application for marketing and other related purposes.
Rephase:
(We may show your company or business name, logo, photos, or other media as part of the MOBOPH Services and/or any marketing materials pertaining to the Mobile Application, unless you explicitly request that we do not do so and we agree to such a request in writing.
You agree that we may use your Projects' public description and the content of your profile information on the Mobile Application for marketing and other purposes.)
10. Content
We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Mobile Application. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Mobile Application; and (3) any and all content submitted to the Mobile Application is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation.
3. will not be defamatory or trade libelous;
4. will not be obscene or contain pornography;
5. will not contain the development, design, manufacture or production of
missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not engage any activities involving illegal drugs
8. will not include incomplete, false, or inaccurate information about User or any other individual; and
9. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Information on the Mobile Application may contain general information about legal, financial, health and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Mobile Application as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Mobile Application, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Mobile Application may contain links to other third-party Mobile Applications. We do not control the Mobile Applications to which we link from the Mobile Application. We do not endorse the content, products, services, practices, policies or performance of the Mobile Applications we link to from the Mobile Application. Use of third-party content, links to third party content and/or Mobile Applications is at your risk.
In relation to deletion or hiding of any information or content, using the Mobile Application to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations. 11. Feedback, Reputation and Reviews You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Mobile Application while you remain a User. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Mobile Application from time to time without our prior written permission. You may not do (or omit to do) anything that may undermine the integrity of the MOBOPH feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted. Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Freelance Services via the Mobile Application. You may not use your User feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a Mobile Application operated by MOBOPH or its related entities, without our written permission. 12. Advertising Unless otherwise agreed with us, you must not advertise an external Mobile Application, product or service on the Mobile Application. Any Mobile Application address posted on the Mobile Application, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Mobile Application. We may display advertisements or promotions on the Mobile Application. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you because of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by MOBOPH or third-party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions. 13. Communication With Other Users Communication with other users on the Mobile Application must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Mobile Application. You must not post your email address or any other contact information on the Mobile Application, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Mobile Application. Unless you have a prior relationship with a User, you must only communicate with Users via the Mobile Application. You must not, and must not attempt to, communicate with other Users through any other means. Users may incur a penalty if they are found to be conducting communications or transactions outside of the platform. In relation to chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function. MOBOPH may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Mobile Application or in the mobile apps. We may read all correspondence posted to the Mobile Application and download or access, and test (if necessary), all uploaded files, programs and Mobile Applications related to your use of the Mobile Application for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes. 14. Identity / Know Your Customer You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources. You must also, at our request, provide copies of identification documents. We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills. We reserve the right to close, suspend, or limit access to your Account, the Mobile Application and/or MOBO Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section. We reserve the right to update your particulars on the Mobile Application to match any identity documentation that has been provided. Disbursements such as wire transfers from the Mobile Application may only be made to the beneficiary matching your provided identity documents and account information. If you are not Verified by MOBOPH you may not be able to withdraw funds from your MOBOPH Account, and other restrictions may apply. 15. User Services Upon the Client awarding a Project to the Freelancer, and the Freelancer’s acceptance on the Mobile Application, the Client and Freelancer will be deemed to have entered a User Contract under which the Client agrees to render, and the Freelancer agrees to render the Freelancer’s Services. You agree not to enter into any contractual provisions in conflict with the User Agreement. You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any laws, international laws, statutes, ordinances and regulations relevant to you as a Client or Freelancer, or in any other uses you make of the Mobile Application. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract. Depending on their jurisdiction, Client and Freelancer may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement conflicts with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further. Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship between MOBOPH and any User. MOBO PH will not be liable for any issue/errors of Freelancers that may have resulted to back jobs. However, in good faith the MOBO Support Group will assist in any investigation requested and reported related to the said issue/error to suffice the need of rectifying the concern. 16. Funds You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Mobile Application. If you are a Freelance, you may have positive funds if you have successfully completed a Project/job and funds have been released to you. User’s funds are secured by MOBO PH and operating account held with financial institutions. Clients are required to fund their account before posting a job to ensure workers receive their payment after completing their tasks. Even more, the application will automatically reject job posting of Clients with insufficient funds. Freelancers may use their funds to purchase Engage. Newly registered Freelancers are entitled to a free Engage (Token) used to apply for a job. You are not entitled to any interest, or other earnings for funds that are in your Account. We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds. If your Account has negative funds, we may: 1. set-off the negative amount with funds that you subsequently receive into your Account; 2. reverse payments you have made from your Account to other User Accounts on the Mobile Application; 3. deduct amounts you owe us from money you subsequently add or receive into your Account; or 4. immediately suspend or limit your Account until such time as your Account no longer has a negative amount. In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account. We reserve the right to collect any funds owed to us by any other legal means. 17. Limits & Fraud Prevention We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent. If we become aware that any funds received into an Account from another Account because of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or act against you to recover those funds. We may, in our sole discretion, place a limit on any or all the funds in your Account (thereby preventing any use of the funds) if: 1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback; 2. we believe that the beneficiary of the payment is someone other than you; 3. we believe that the payment is being made to a country where we do not offer our Service; or 4. we are required to do so by law or applicable law enforcement agencies. If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter. 18. Withdrawals Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes. Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay. We may require you to be Verified by MOBOPH before you can withdraw funds from your MOBOPH Account, irrespective of whether or not a delay has been enforced. For details of how to become Verified by MOBOPH. 19. Inactive Accounts User Accounts that have not been logged into for a period of time will deactivated, until either the account is closed or reactivated. We reserve the right to close an Inactive Account. We reserve the right to close an account with nil or negative funds. 20. Right to Refuse Service We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account: 1. if we determine that you have breached, or are acting in breach of this User Agreement; 2. if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees; 3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights; 4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; 5. you do not respond to account verification requests; 6. you do not complete account verification when requested within 3 months of the date of request; 7. to manage any risk of loss to us, a User, or any other person; or 8. for other reasons. If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. You acknowledge and agree that the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account. 21. Other Disputes With Users You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided. If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us as set out in the Clause entitled "Contacting us". In relation to disputes with any other users of the Mobile Application, you hereby agree to indemnify MOBOPH from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes. The MOBOPH Code of Conduct applies to all the services offered by MOBOPH, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation, or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback. 22. Disputes With Us If a dispute arises between you and MOBOPH, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our MOBOPH Support Team or emailing us at MoBo_Support@moboph.com. For any claim, MOBOPH may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If MOBOPH elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that MOBOPH will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against MOBOPH must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, MOBOPH may recover its legal fees and costs (including in-house lawyers and paralegals), provided that MOBOPH has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, MOBOPH will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement. MOBOPH's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. As stated above (Section 15 – User Service) MOBO PH involvement with disputes and complaints will only be limited with the following conditions: • MOBO PH will provide assistance via our Support Group to provide clarifications, answers and assistance to queries. • In good faith, MOBOPH Support Group will assist in any investigation requested/reported related to any recent transaction in order to suffice the need of rectifying the situation. MOBO PH will not be liable for any issue/errors of Freelancers that may have resulted to back jobs. Any actions detrimental to the interest of the client such as gross and serious misconduct and damage to property will be coursed through legal action. 23. Closing Your Account You may close your Account at any time. The option is located in the Account Settings. Account closure is subject to: 1. not having any outstanding listings on the Mobile Application; 2. resolving any outstanding matters (such as a suspension or restriction on your Account); and 3. paying any outstanding fees or amounts owing on the Account. We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold. 24. Privacy Users shall keep all confidential information secret and shall not disclose said confidential information except to those persons directly involved with the Service. Such persons are bound by obligations of confidentiality no less effective than those contained in this Terms & Conditions and applicable law and rules. Users shall use the confidential information only to the extent necessary in connection with the purpose of the Service. Users shall use the standard under the Data Privacy Act of 2012, its implementing rules and regulations, and pertinent government issuances to establish and maintain satisfactory security measures to safeguard the confidential information from unauthorized access or use or disclosure. Users shall be liable for inadvertent, improper, deliberate or unauthorized access, use or disclosure of confidential information under pertinent laws and rules, except for acts beyond the control of the Users. 25. Security You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Mobile Application, your Account or the MOBOPH Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password. 26. No Warranty as to Each User's Purported Identity We cannot and do not confirm each User's purported identity on the Mobile Application. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us. 27. No Warranty as to Content The Mobile Application is a dynamic time-sensitive Mobile Application. As such, information on the Mobile Application will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party. Our Services, the Mobile Application and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about: 1. the Mobile Application or any Services or MOBOPH Services; 2. the accuracy, reliability, availability, veracity, timeliness or content of the Mobile Application or any Services or MOBOPH Services; 3. whether the Mobile Application or Services or MOBOPH Services will be up-to-date, uninterrupted, secure, error-free or non-misleading; 4. whether defects in the Mobile Application will be corrected; 5. whether the Mobile Application, the Services or the MOBOPH Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Mobile Application, Services or MOBOPH Services; 6. any third-party agreements or any guarantee of business gained by you through the Mobile Application, Services or MOBOPH Services or us; or 7. the Mobile Application, Services or MOBOPH Services or infrastructure on which they are based, being error or malicious code free, secure, confidential, or performing at any particular standard or having any particular function. To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement. 28. Limitation of Liability In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: 1. any indirect, special, incidental or consequential damages that may be incurred by you; 2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you; 3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Mobile Application. The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising. Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Philippine Competition Act and relevant regulations. In addition, the Mobile Application acts only as referral services and will not in any case be consider as outsourcing and recruiting. There will be no employer-employee relationship that will form and MOBOPH will not be held liable to any labor claims as this Terms and Agreements is purely civil in nature. To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the MOBOPH services again or the payment of the cost of having the MOBOPH services supplied again. 29. Legal Limitations As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement. You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users. 30. Notices Legal notices will be served or to the email address you provide to MOBOPH during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to MOBOPH must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail). 31. Severability The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement. 32. Interpretation Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 33. No Waiver Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation. 34. Communications You consent to receive notices and information from us in respect of the Mobile Application and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account. 35. Abusing MOBOPH MOBOPH reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users. Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include: 1. use of our services for any illegitimate or non bona fide purpose 2. creating problems with other users or potential legal liabilities 3. infringing the intellectual property rights of third parties 4. acting inconsistently with the letter or spirit of any of our policies 5. abuse of any staff members including inappropriate or unreasonable communications 6. abuse or poor performance in the Preferred MOBOPH / Rising Stars Program 7. any attempt to use MOBOPH's platform or services for any objectionable purpose 36. Feedback If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support Mobile Application or emailing us at MoBo_Support@moboph.com.