Terms of Service

• Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 13 years of age or older.
• Registration Information.You must provide a valid permanent work email address, along with any other information required by Moobicast during the registration process.
• Password.You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
• Restrictions.You may not use the Moobicast Service for any illegal or unauthorized purpose. You must not, in the use of the Moobicast Service, violate any laws in your jurisdiction, including, among other things, by:

• distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
• covering or obscuring any notice, legend, warning or banner contained on the Moobicast Service;
• interfering with or circumventing any security feature of the Moobicast Service or any feature that restricts or enforces limitations on use of or access to the Moobicast Service;
• infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity;
• being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Moobicast in its sole discretion; or
• deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

MLB reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions.

1. Payment by Invoice. The payment can be done by cheque or bank transfer. The invoice will be due and payable within thirty (30) days of the date of the invoice.
2. Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. You shall have no liability for any taxes based upon our gross revenues or net income.
3. Late Payment. If any amounts due hereunder are not received by Moobicast by the due date, then at Moobicast's discretion, such charges may accrue late interest at the rate of 12% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, upon 10 days' written notice, Moobicast may suspend your access to the Services if Moobicast does not receive the amounts invoiced hereunder at the expiration of such period.

All material underlying the Moobicast application belongs to MLB or its licensors. MLB or its licensors own all intellectual property rights, and nothing in this Agreement shall be taken to confer any intellectual property rights, except as expressly stated.

MLB reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Moobicast following the posting of any changes to this Agreement constitutes acceptance of those changes. MLB may also, in the future, offer new services and/or features through Moobicast (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

MLB may immediately terminate your access to all or any part of Moobicast at any time, with or without cause, by giving you written notice. If you wish to terminate this Agreement or your Moobicast account (if you have one), you may simply discontinue using Moobicast. Notwithstanding the foregoing, if you are using Paid Plan, such an account can only be terminated by MLB if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MLB notice to you thereof; provided that, MLB can terminate Moobicast immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Moobicast is provided "as is". MLB and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MLB nor its suppliers and licensors, makes any warranty that Moobicast will be error free or that access thereto will be continuous or uninterrupted. You understand that you download, or otherwise obtain services through Moobicast at your own discretion and risk.

In no event will MLB, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MLB under this agreement during the twelve (12) month period prior to the cause of action. MLB shall have no liability for any failure or delay due to matters beyond their reasonable control, including network failures, data or information leakage, failure or stoppage of the site for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party. The foregoing shall apply to the extent permissible by applicable law.

MLB will not be held accountable for SMS messages sent to an incorrect mobile number/customers. It is the responsibility of the User to ensure the accuracy of mobile numbers/customers and messages use on the Moobicast application. MLB and its Provider makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. Messages shall be deemed to have been delivered when Moobicast has delivered/sent the messages to the immediate destination that the Provider's software is programmed to do, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. MLB and its Provider does not guarantee delivery on behalf of Mobile telephone networks or mail servers.

MLB reserves the right to change the price of Moobicast at any time. Should there be a cost increase AFTER the user has purchased credits from Moobicast, MLB will honour all pre-purchased amount without altering the credits of the purchased amount. Any user on a Post-Paid account will be given 30 days' notice before any price change comes into effect.

Users shall ensure that all messages, advertising, information, and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which MLB itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in the specific territories listed below:

1. Singapore: Starting from 2 January 2014, the Do Not Call (DNC) provisions under the Personal Data Protection Act 2012 (PDPA) generally prohibits organisations from sending certain marketing messages (in the form of voice calls, text or fax messages) to Singapore telephone numbers, including mobile, fixed-line, residential and business numbers, registered with the DNC Registry. You agree that you are responsible for the adherence to this Act and you will check your recipient list with the DNC Registry, unless you have the recipients' clear and unambiguous consent in written or other accessible form for sending the marketing message to the Singapore telephone number. For such marketing messages, you also agree to include clear and accurate information identifying your organisation as well as contact details within the message. This allows the recipient to contact you for clarifications, if necessary.
2. United States: the Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN SPAM) Act, the Telephone Consumer Protection Act and the Rules of the Federal Trade Commission relating to sending of unwanted commercial messages as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com
3. European Union: Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.

You represent and warrant that (i) your use of Moobicast will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside), (ii) your use of Moobicast will not infringe or misappropriate the intellectual property rights or any other rights of any third party, (iii) all personal information provided by you to us is true and up to date, and you will update your details from time to time.

You agree to indemnify and hold MLB, its contractors, and its licensors, and the respective directors, officers, employees and agents harmless from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Moobicast, including but not limited to your violation of this Agreement or breach of any of your above representation or warranty.

This Agreement constitutes the entire agreement between MLB and you concerning the subject matter hereof, and they may only be modified by MLB. Except to the extent applicable law, this Agreement and any access to or use of Moobicast will be governed by the laws of Singapore, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts in Singapore. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. No failure on the part of MLB to exercise and no delay on the part of MLB in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement preclude any other or further exercise of it or any other right or remedy. MLB may assign its rights under this Agreement without condition. You may not assign your rights or obligations to a third party. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. A person who is not party to this Agreement has no right under this Agreement.

If you have any questions or concerns regarding this Agreement, please contact us at enquiry@moobicast.com