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Terms of Service

Grenade Technologies (PTY) LTD T/A MoPublication (“Service Provider”, “We”) provides customized mobile applications (the “Application”) as well as publishing and support services (the “Service”). By using the MoPublication.com website (“Site”) and/or the Service, you are contractually bound by the following terms and conditions (“Terms of Service”).MoPublication reserves the right to update and change the Terms of Service without advance notice. We will communicate any changes to you via the Site and/or email if the Terms of Service are modified. Any new functionality that improves or enhances the Application or Service shall be subject to the same Terms of Service. You henceforth agree to be bound by the modified Terms of Service by continuing to use the Site and/or Service after we have notified you of a modification to the Terms of Service.

You must cease using the Site and/or Service should the modified Terms of Service be unacceptable to you. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms stated below.

The most recent version of the Terms of Service is available at: http://www.mopublication.com/terms/

  • TERMS OF THE AGREEMENT

    • 1.1 The Client requires and MoPublication shall provide the Application and/or Services in accordance with the terms and conditions contained in this Agreement;
    • 1.2 This Agreement is entered into by the Parties to regulate:
      • 1.2.1 The Services to be rendered and Application to be supplied by MoPublication to the Client;
      • 1.2.2 The terms and conditions of the Licence granted to the Client in respect of the Application; and
      • 1.2.3 The obligations of MoPublication and the Client respectively in relation to the above.
  • CANCELLATION AND TERMINATION

    • 2.1 The Client is solely responsible for canceling their Account. Account cancellation requests must be submitted in writing to support@mopublication.com. Cancellation requests by any other medium will not be considered valid;
    • 2.2 All the Client’s content will be deleted from the Service upon cancellation and it is not recoverable once their Account has been deactivated from our systems;
    • 2.3 If the Client cancels their Service before the end of the current paid up month, the cancellation will take effect immediately and The Client will not be charged again;
    • 2.4 MoPublication, in its sole discretion, has the right to suspend or terminate a Client’s Account and refuse current and future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to the Account.
  • SERVICES

    • 3.1 For the duration of this Agreement MoPublication shall:
      • 3.1.1 Maintain the Application in a normal operating condition;
      • 3.1.2 Perform preventative maintenance services in respect of the Application in an effort to ensure stability across operating systems;
      • 3.1.3 Perform all updates and testing of the Application which are reasonably required;
    • 3.2 For the duration of this Agreement MoPublication shall ensure that the necessary technical skill and care is applied that could be expected from a reasonable service provider in the position of MoPublication;
    • 3.3 MoPublication shall ensure that all of its employees and representatives performing the Services are suitably trained and professionally managed by it.
  • APPLICATION LICENCE

    • 4.1 The use of the Application is provided to the Client under the terms of the Licence as recorded hereunder and in terms of the further provisions of this Agreement;
    • 4.2 The Client accepts and agrees to be bound by the terms of this Licence;
    • 4.3 MoPublication hereby grants the Client, a non-exclusive, non-transferable, non-sub licensable, limited, revocable, royalty free, worldwide licence to use the Application in accordance with the terms of this Agreement. MoPublication shall retain all title, copyright, and other intellectual property rights in the Application. For avoidance of doubt the Parties agree that the Application is being licensed, not sold, to the Client;
    • 4.4 MoPublication reserves all rights in the Application not explicitly granted to the Client herein.
  • RESPONSIBILITIES OF THE CLIENT

    • 5.1 The Client must be human and at least 16 years old to use this Service and open an account (“Account”).
    • 5.2 The Client must provide their full legal name, a valid email address, and any other information requested in order to complete the signup process and open an Account;
    • 5.3 The Client is responsible for maintaining the security of their username and password. MoPublication cannot and will not be liable for any loss or damage due to The Client’s failure to comply with this security obligation;
    • 5.4 MoPublication will be the sole publisher of Applications with any mobile platform provider referred to as “Providers” and The Client may not use their own Account to publish an Application with any such Providers;
    • 5.5 The Client is responsible for all content that is published to their Application;
    • 5.6 The Client accepts and agrees that the following (without limitation) shall constitute unauthorised use of the Application and/or Services:
      • 5.6.1 Any use which is unlawful, defamatory, objectionable, offensive, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, amounts to unlawful unsolicited commercial communications, and/or infringes the rights of third parties;
      • 5.6.2 Any use which comprises of or advances unlawful collection and processing of personal information;
      • 5.6.3 Transmission of any data which may infringe on the intellectual property rights of third parties;
      • 5.6.4 Transmission of any data which contains viruses, a Trojan horse, worms and/or other malicious programs;
      • 5.6.5 Engaging in any other activity that could subject MoPublication to criminal and/or civil liability.
  • PAYMENT AND REFUND TERMS

    • 6.1 A valid credit card or PayPal Account is required;
    • 6.2 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account;
    • 6.3 Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and The Client shall be responsible for the payment of all such taxes, levies, or duties if applicable;
    • 6.4 MoPublication will use every reasonable effort to have the Application approved by the applicable Providers. Although the chances of success are high, we do not and cannot guarantee acceptance. The Client may cancel their Account if the Application is denied by the appropriate Provider, however, refunds are not issued under any circumstances;
    • 6.5 MoPublication reserves the right to suspend unpaid Accounts after 15 days of the due date and terminate accounts after 30 days of the due date;
    • 6.6 The Client understands that MoPublication utilises PayPal as its payment facility supplier and thus places reliance on the security protocols affected by PayPal.
  • INVOICING

    • 7.1 MoPublication shall send the client an invoice on a monthly basis indicating the upfront monthly charge for any Services rendered;
    • 7.2 Payment is due upon receipt of invoice.
  • INDEMNITY

    • 8.1 MoPublication agrees to indemnify, hold harmless, and to cooperate as fully as reasonably required in the defence of any claim against the Client, against any and all claims, liabilities, damages, costs and expenses arising from or relating to:
      • 8.1.1 Claims by third parties regarding the Intellectual Property contained in the Application or the Client’s rights of use of the Application;
      • 8.1.2 Unlawful or grossly negligent actions of MoPublication in relation to this Agreement or the Application.
    • 8.2 The Client reserves the right, at its own expense and in its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by MoPublication.
  • BREACH

    • 9.1 If either Party breaches a term of this Agreement and fails to remedy that breach within 14 (fourteen) days of receipt of written notice from any other Party calling for the breach to be remedied, then that Party shall be entitled, without prejudice to any other rights that it may have, whether under this Agreement or in law, to cancel this Agreement without notice or to claim immediate specific performance of all the defaulting Party’s obligations, whether or not due for performance, in either event without prejudice to the aggrieved Party’s right to claim damages.
  • COPYRIGHT AND INTELLECTUAL PROPERTY

    • 10.1 Intellectual property in and to the Application and the Services, including, as applicable, processes and methodologies, source codes and other proprietary interests will be and shall remain vested in MoPublication for the duration of this Agreement and thereafter;
    • 10.2 MoPublication retains the right, title and interest to all and/or any design, patent, and/or copyright in relation to the Application and the Service whether registered or not. Same includes the name “MoPublication” and any other branding or intellectual property associated with the Services and/or the Application, regardless of whether or not same have been registered or patented. Such designs, patents, or copyrights shall not be limited to any particular area or country and MoPublication shall have the right to alter, modify, adapt or change any design, process or method of any patent and/or copyright in relation to the Application and the Service at its sole discretion;
    • 10.3 The Client shall not copy, print, or publish any of MoPublication’s methods, processes or procedures relating to the Application and Service, nor shall the Client produce or attempt to produce any product which performs materially the same functions as the Application and Service;
    • 10.4 MoPublication claims no intellectual property rights over the Client’s content, however, by using the Service the Client agrees to allow others to view and share their content via their Application;
    • 10.5 MoPublication does not pre-screen any content, but reserves the right to refuse or remove any content at its sole discretion;
    • 10.6 The Client is solely responsible for securing and paying any digital licenses or royalties related to the content that is published through their Application.
  • FORCE MAJEURE

    • 11.1 Neither Party shall be liable to the other for any default or delay in the performance of its obligations under this Agreement:
      • 11.1.1 If and to the extent that such default or delay is caused by any act of God, war or civil disturbance, court order, any delay in any performance due from the other Party, or any other circumstance beyond its reasonable control, including without limitation, failures and fluctuations in electrical power or communications; and
      • 11.1.2 Provided the non performing Party is without fault in causing such default or delay, and such default or delay could not have been prevented by the non performing Party through the use of alternative sources, workaround plans or other means.
    • 11.2 Following any circumstance of force majeure, the non performing Party shall:
      • 11.2.1 Notify the other Party as soon as possible;
      • 11.2.2 Be excused from further performance or observance of its obligation(s) so affected for so long as such circumstances prevail and such Party continues to use its best efforts to recommence performance or observance whenever and to whatever extent possible without delay; and
      • 11.2.3 Co operate with the other Party in implementing such contingency measures as that other Party may reasonably require.
  • PRIVACY

    • 12.1 MoPublication undertakes not to sell, trade, or otherwise transfer to outside parties Clients’ personally identifiable information. This excludes trusted third parties who assist us in operating our website, conducting our business, or servicing Clients, as long as those parties agree to keep this information confidential. MoPublication reserves the right to release certain information when we believe it is appropriate to comply with the law, enforce our terms and conditions, or protect our rights, property, or safety. Non-personal information may be provided to other parties for marketing, advertising, or other uses.
  • MODIFICATION TO SERVICES AND PRICES

    • 13.1 MoPublication reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice;
    • 13.2 Service fees, including but not limited to monthly subscription plans, are subject to change upon 30 days written notice. Such notice may be provided at any time by posting the changes to the Site or via the Service itself;
    • 13.3 MoPublication shall not be held liable for the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services which work or integrate with the Service;
    • 13.4 MoPublication may issue an update to the Application or Service from time to time which may add, modify, and/or remove certain features. These updates may be pushed out automatically with little or no advance notice, although MoPublication will make every reasonable effort to notify The Client in advance of an upcoming update, including details on what the update includes.
  • GENERAL AND MISCELLANEOUS

    • 14.1 SOLE RECORD OF THE AGREEMENT

      This Agreement constitutes the sole record of the agreement between the Parties with regard to the subject matter hereof and supersedes any oral or written representations, understandings, agreements or communications between the Client and MoPublication concerning the subject matter hereof. Neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

    • 14.2 NO AMENDMENTS EXCEPT IN WRITING

      No addition to, variation of, or agreed cancellation of this Agreement (including the provisions of this clause) shall be of any force or effect unless in writing and signed by or on behalf of the Parties.

    • 14.3 WAIVERS

      No relaxation or indulgence, which either Party may grant to the other, shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.

    • 14.4 ASSIGNMENT

      This Agreement may not be assigned by the Client or MoPublication to any third party (save as provided herein) without the other Party’s prior written consent.

  • SERVICE AND SUPPORT