MOJO PLATFORM TERMS AND CONDITIONS OF USE
Last updated on 27 June 2022.
Welcome to MOJO! The information below (together with the documents referred to therein) informs you of the terms and conditions which will apply to you when you use the Mojo platform to access certain services and to purchase products (the “Merchandise”) which are to be provided by the Sellers (as defined below).
The Mojo platform www.getmojoapp.com (the “Platform”) is owned and operated by Mojo Digital for Auctions Company (and/or its affiliates), a company established and organised under the laws of Kuwait, having commercial registration No. 448340, with offices at Office A, Floor 59, Al Hamra Tower, Sharq, Kuwait (hereinafter called “Mojo”) and specializes in providing online shopping, live e-commerce and marketing services and other related services (collectively "Mojo Services") in the Middle East and North Africa (the “Territory”). The terms “we”, “our” and “us” in these conditions of use refer to Mojo Digital for Auctions Company.
CONDITIONS OF USE
Please read these conditions carefully before using the Mojo Platform and Mojo Services. By accessing and using the Platform and the Mojo Services, you will be deemed to have accepted these terms and conditions.
We offer a wide range of Mojo Services, and sometimes additional terms may apply. When you use a Mojo Service (for example Your Profile, Mojo applications for mobile, etc.), you may also be subject to the terms, guidelines and conditions applicable to that Mojo Services ("Service Terms") where applicable. If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will control.
Mojo allows businesses and suppliers to promote and sell their Merchandise on the Platform (the “Sellers”) to customers from the general public. In each such case this is indicated on the respective Merchandise’s page. While Mojo as a service provider helps facilitate transactions that are carried out on the Platform, Mojo is neither the buyer nor the seller of the Seller's items. Mojo provides a service via the Platform for Sellers and buyers to complete transactions. Accordingly, the contract formed at the completion of a sale for the Sellers’ Merchandises is solely between the buyer (You) and the Seller. Mojo is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Seller's agent. The Seller is responsible for the sale of the Merchandises and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and Seller.
Mojo may be the distributor of a certain Seller’s Merchandises in the Territory. In this case, Mojo shall expressly state this on the Merchandises’ pages of such Seller.
The sale of the Sellers’ Merchandises to you shall be subject to such Seller’s terms and conditions and applicable law. You should review these terms and conditions before transacting with Sellers.
Unless otherwise expressly stated by Mojo on the respective item’s page, the Sellers shall handle shipment and delivery arrangements following transactions through the Platform.
If Mojo expressly declares its handling of the shipment and delivery of a certain Merchandise, the same shall be subject to the terms and conditions of a third party shipment/delivery provider. Where applicable, such terms and conditions shall be flagged for your review before completing a transaction.
If you purchase or order and then cancel an order for a Merchandise, then the terms of the cancellation and return/refund policy of such Seller shall apply. These will be provided by the Seller for your review prior to your confirmation of an order.
You have a legal right to receive Merchandises which comply with their description and the law and which comply with the relevant standards and any specific requirements agreed with the Seller. If you believe that the Merchandise you have been provided with via the Platform does not comply with these legal rights, please contact us at email@example.com and we will endeavor to liaise between you and the Seller to resolve the issue, which we cannot guarantee its resolution. This does not affect any of your other rights under the law.
The Sellers operate stores, provide services and sell products on the Platform. In addition, we provide links to the sites of the Sellers and companies and certain other businesses. We are not responsible for examining or evaluating each Seller and the products or services they offer, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Mojo does not assume any responsibility or liability for the actions, Merchandise, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
The Sellers may sometimes make special offers available via the Platform. These will be visible when you look at the Platform’s home screen or other marketing material. These offers are available at the discretion of and on the terms and conditions determined by the relevant Seller making the offer.
The Platform features marketing content in the form of (but not limited to) text, graphics, logos, trademarks or tradenames, photography, videography, artistic material, designs, and live feeds (the “Content”) which may be promoted by models, content creators, public figures, and social media influencers (the “Promoters”). You acknowledge that the Content has been produced and promoted as an advertising and marketing service to the Seller, whose Merchandise is featured in the Content, and such Seller is responsible for the marketing and advertising of its Merchandise including the Content. You further acknowledge that Mojo and the respective Promoter do not provide any product warranty pertaining to such advertised Merchandise in the Content, including but not limited to any warranty as to the quality of the Merchandise, or the accuracy of the information, featured in the Content. Moreover, without limiting the generality of the foregoing, You acknowledge that the Content may include unverified statements of opinion, and that the Content does not and shall not include any statement of fact.
Visitors to the Mojo Platform may post reviews, comments and other content and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right to remove or edit such content. If you believe that any content on or Merchandise advertised for sale on any Mojo Service contains a defamatory statement, or that your intellectual property rights are being infringed by a Merchandise or information on any Mojo Service, please notify us by sending an email to firstname.lastname@example.org and we will respond.
If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Platform (including any images, video or audio, all together "Material", you grant Mojo (a) a non-exclusive, royalty-free license to use, reproduce, publish, make available, translate and modify such Material throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such Material. No moral rights are transferred by this provision.
You may delete your Material from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.
You represent and warrant that you own or otherwise control all of the rights to the Material that you post; that, as at the date that the material is posted: (i) the Material is accurate; and (ii) use of the Material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the Material is not defamatory). You agree to indemnify Mojo for all claims brought by a third party against Mojo arising out of or in connection with the Material you supply except to the extent that any liability arises from our failure to properly remove the Material when it is notified of the illegal nature of the Material arising out of or on the grounds of, or originating from, the Material that you have communicated to us.
Before you can request for any of the Mojo Services on our Platform, you will have to create an account. In order to create an account, you will need to provide us with the following personal information; (i) first, second, and last name, (ii) email address, (iii) mobile phone number, (iv) gender, (v) date of birth, (vi) civil identification data as provided on your government issued National Identification Card, (vii) preferred language, (viii) access to device biometric profile, and, when necessary, (vi) create a PIN code. You may also be required to provide payment details. All information you provide must be true and correct.
You will have to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You may manage your payment options in your account settings.
Online payments will be processed by a third party payment gateway provider. When you are ready to make the payment for the Merchandise you have selected, you will be directed to the payment gateway. Upon completion of payment, you will receive an acknowledgment of payment which you should retain as evidence of the payment made. Payment will be subject to the terms and conditions of use of the payment gateway provider.
If you use any Mojo Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, mobile device and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in Your Account section of the Platform.
You must not use any Mojo Service: (i) in any way that causes, or is likely to cause, any Mojo Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience, bullying, or anxiety.
We reserve the right to refuse any Mojo Services or terminate accounts if your behavior gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the Platform.
When you use any Mojo Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notifications or by posting e-mail messages or communications on the website or through the other Mojo Services. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
As part of the Mojo Services, we will recommend Content, features, Merchandise, and services, including third party ads that might be of interest to you, identify your preferences, and personalize your experience.
All content included in or made available through any Mojo Service, such as but not limited to the Content, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads and data compilations is the property of Mojo or its content suppliers and is protected by local and international intellectual property rights, copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Mojo Service is the exclusive property of Mojo and/or its content suppliers and is protected by local and international copyright and database right laws.
You may not extract and/or re-utilize parts of the content of any Mojo Service. You may also not create and/or publish your own database that features substantial parts of any Mojo Service (e.g. prices and product listings).
In addition to all our registered and non-registered trademarks, all graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Mojo Service are trademarks and the trade name of Mojo, unless otherwise explicitly indicated that the same belongs to a Seller or a third party service provider. Mojo's trademarks may not be used in connection with any product or service that is not Mojo's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Mojo. All other trademarks not owned by Mojo that appear in any Mojo Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mojo.
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Mojo or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Mojo Services. This license does not include any resale or commercial use of any Mojo Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mojo Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Mojo or its licensors, suppliers, publishers, rights holders, or other content providers. No Mojo Service, nor any part of any Mojo Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Mojo without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Mojo's names or trademarks without our express written consent.
You may not misuse the Mojo Services. You may use the Mojo Services only as permitted by law. The licenses granted by Mojo terminate if you do not comply with these Conditions of Use or any Service Terms.
Mojo respects the intellectual property rights of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please send us an email at email@example.com.
You agree to indemnify and hold us harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third-party (including any of the Sellers or third party service providers) due to or arising out of your use of the Platform and any Mojo Service including where your actions have been negligent, fraudulent, or in violation of these Conditions of Use or the law.
We will do our utmost to ensure that availability of the Mojo Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Mojo Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Mojo will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Mojo Services.
Without prejudice to section 3 (MARKETING CONTENT) of these Conditions of Use, although we will endeavour to ensure that the Platform, its contents and our services are accurate, up-to-date and free from errors, the Platform, its contents and our services are provided on an “as is”, “with all faults”, and “as available” basis. We do not provide any warranty or guarantee in connection with the Platform, its contents, and our services, including by way of example, that it will always be available or that it will be free from errors or that it is suitable for any particular purpose and expressly decline any such warranties and guarantees to the maximum extent permitted by law.
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions of Use if the delay or failure arises from any cause which is beyond our reasonable control. Nothing in these Conditions of Use limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our gross negligence or willful misconduct.
You understand that all the information regarding the Merchandise is provided by the respective Seller on the Platform for information purposes only. We are not responsible for any errors in such information nor are we responsible for any actions relating to the use of or reliance on such information. In no event shall we be liable, whether in contract, warranty, tort (including negligence or product liability), or otherwise, to you or any other person for the Merchandise or its delivery.
If your loss or damage is caused due to failure of the Platform or any of the Mojo Services, our liability will be capped at the amount you paid for the Merchandise through the Platform which gave rise to such loss or damage. In no event shall we be liable, whether in contract, warranty, tort (including negligence or product liability) or otherwise, to you or any other person for an amount in excess of the aforementioned amount in connection with Your use of the Platform.
These conditions are governed by and construed in accordance with the laws of the State of Kuwait. We both agree to submit to the exclusive jurisdiction of the competent courts of Kuwait, which means that you may bring a claim to enforce your rights in connection with these Conditions of Use in Kuwait.
You agree that you will not export, re-export, or transfer any Merchandises (including software or other digital products) that you have purchased on the Platform to any country, individual, corporation, organization, or entity to which such export is restricted or prohibited by law. In addition, you agree that you will not purchase any Merchandise or service from the Platform if you are subject to restrictive measures (sanctions) that prohibit you from doing so.
We reserve the right to make changes to any Mojo Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies, Service Terms, and Conditions of Use in force at the time that you use the Mojo Services. If any of these is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
You shall not be entitled to assign your account, or any rights/obligations connected therewith to any third-party. You agree that we shall be able to assign any and/or all our rights and obligations in connection with these conditions of use to any third-party at our sole discretion.
We do not feature, showcase, or promote Merchandise for purchase by children. We may feature, showcase, or promote on behalf of Sellers children's Merchandise for purchase by adults. If you are under the age of 21 you may use the Mojo Services only with the involvement of a parent or a legal guardian.
If you believe that your intellectual property rights have been infringed, please submit your complaint via firstname.lastname@example.org. This contact may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims.
Upon receipt of a complaint we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Mojo for all claims brought by a third party against Mojo arising out of or in connection with the submission of a complaint.
Please keep in mind that the Sellers’ listings are merely hosted on the Platform and are posted solely at the direction of such Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in any communication to Mojo may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Because numerous Merchandises maybe listed and many customer reviews and comments may be hosted on the Platform, it is not possible for us to be aware of the contents of each Merchandise listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a Merchandise advertised for sale on the Platform contains a defamatory statement, please notify Mojo immediately by sending us an email at email@example.com.
Important Warning: giving false, misleading or inaccurate information in the email or other communication sent to Mojo may result in civil and criminal liability.
You understand and agree that the information you provide in the Platform as well as your messages and communications with the Sellers may be stored and filed. In this regard, we collect and utilize your personal data so that we may enhance the quality of the services which we provide to you generally and for the following purposes in particular:
This Platform website is owned, operated and maintained by Mojo Digital for Auctions Company, having commercial registration No. 448340, with offices at Office A, Floor 59, Al Hamra Tower, Sharq, Kuwait. You can contact us as follows: firstname.lastname@example.org.